Journal of the Senate of the State of Georgia at the extraordinary session, commenced at Atlanta, Monday, April 16th, 1962 and adjourned Friday, April 27th, 1962

JOURNAL
OF THE
SENATE
OF THE
STATE OF GEORGIA
AT
THE EXTRAORDINARY SESSION
Commenced at Atlanta, Monday, April 16th, 1962 and adjourned Friday, April 27th, 1962

MONDAY, APRIL 16, 1962

1327

Senate Chamber, Atlanta, Georgia, Monday, April 16, 1962.

Pursuant to a proclamation of His Excellency, the Governor, the Senate met this morning in extraordinary session at 11:00 o'clock, and was called to order by the president.

Scripture reading and prayer was offered by Reverend J. Prank Coyle, pastor Montgomery Memorial Baptist Church, Gainesville, Georgia.

The roll was called, and the following senators answered to their names:

Ayers Bell
Blalock Braly Brown Clanton Clary
Conger Dailey
DeLoach Dews
Dykes Pitzpatrick
Gardner Grayson Green Griner

Harden Harrington
Hart Ingram Jackson Johnson Jones
Kelly Knox
Lambert Long
Mathews Miller
Mitchell McKenzie of 12th McKenzie of 13th McWhorter of 34th

McWhorter of 50th Newton
Overby Persons Ponsell Raynor Sanders Seagraves Smalley Staples Towson Veazey Waters Whisnant White

By unanimous consent, verification of the roll call was dispensed with.

The following proclamation by His Excellency, Governor S. Ernest Vandiver, was read by the secretary:
A PROCLAMATION BY HIS EXCELLENCY
GOVERNOR S. ERNEST VANDIVER OP
THE STATE OP GEORGIA CONVENING THE GENERAL ASSEMBLY OP
GEORGIA IN EXTRAORDINARY SESSION
WHEREAS: For more than 100 years, the laws and election practices prevailing in Georgia have had the aim of achieving an equitable

1328

JOURNAL OF THE SENATE,

balance and distribution of electoral and legislative power between rural and urban areas; and

WHEREAS: Heretofore the federal courts scrupulously and wisely have avoided judicial intervention in evaluating and appraising the validity and propriety of the distribution of political power between the constituents of a state, in deference to the dual system of government prevailing in this country and the foremost principle implicit in all concepts of ordered liberty and the separation of powers; and

WHEREAS: On March 26, 1962, the Supreme Court of the United States, departing from firmly established precedents and its constitutionally assigned role as the interpreter of the laws only, has embarked upon a previously forbidden course of judicial experimentation, by declaring henceforth its competence to treat such political questions as being justiciable in nature; and

WHEREAS: The aforesaid decision, Baker v. Carr, together with two cases recently instituted in Georgia as a consequence thereof, present a clear, present and imminent danger to the Georgia laws governing primary elections and the constitutional provisions governing the composition and apportionment of members in the General Assembly;
and

WHEREAS: The next regular session of the General Assembly will not convene in time to consider these grave and impending problems prior to federal court adjudication; and

WHEREAS: It is imperative and necessary that the chosen representatives of the people be apprised of these dangers and afforded an opportunity to enact and propose such measures as may be available and desirable to preserve, protect and defend the traditional, democratic institutions existing in this State;

NOW, THEREFORE: After careful deliberation and consultation with responsible leaders from all sections of the State, and under and by virtue of the power and authority conferred upon me by the Constitution of Georgia, Article V, Section I, Paragraph XII, I, S. Ernest Vandiver, Governor of Georgia, do hereby convoke and call a meeting of the General Assembly of this State in extraordinary session at Eleven O'clock a.m., Eastern Standard Time on Monday, April 16, 1962, for the purpose of considering and enacting laws by revision, repeal, amendment or otherwise, relating to primary elections, and to consider, propose and submit a constitutional amendment or amendments pertaining to the composition and reapportionment of membership in the General Assembly, all of which are found and concluded by me to be of sufficient importance to demand the necessity of such extraordinary session of the General Assembly of Georgia.

Given under my hand and the Great Seal of the State of Georgia,

MONDAY, APRIL 16, 1962

1329

at the City of Atlanta, on this 5th day of April, in the year of Our Lord, one thousand nine hundred and sixty-two.

/s./ S. ERNEST VANDIVER Governor
BY THE GOVERNOR:
/s/ BEN W. FORTSON, JR. Secretary of State

A PROCLAMATION BY
HIS EXCELLENCY
GOVERNOR S. ERNEST VANDIVER
OF
THE STATE OF GEORGIA
CONVENING THE GENERAL ASSEMBLY OF
GEORGIA IN EXTRAORDINARY SESSION
WHEREAS: On April 5, 1962, an Executive Proclamation was duly issued convening the General Assembly in extraordinary session on April 16, 1962, for the purpose of considering legislation relating to primary elections, and constitutional amendment or amendments relating to the composition and reapportionment in the General Assembly; and
WHEREAS: Subsequent thereto public sentiment throughout the State has indicated a desire on the part of the people's chosen Representatives to also consider statutes and amendment to statutes dealing with the redistricting and composition of the Senate; and
WHEREAS: It is, therefore, deemed appropriate that the chosen Representatives of the people be afforded an opportunity to consider such legislation at the extraordinary session heretofore convened;
NOW, THEREFORE: Pursuant to and by virtue of power and authority vested in me by the Constitution of Georgia, Article V, Section I, Paragraph XII, I, S. Ernest Vandiver, Governor of Georgia, do hereby amend the Proclamation heretofore issued on April 5, 1962, by adding thereto, immediately following the next to the last paragraph, the following:
"Said extraordinary session is also called for the purpose of considering and enacting laws by amendment, revision, repeal or otherwise, relating to the composition and reapportionmsnt of the Senate; the creation, composition, reconstitution, and rearrangement of Senatorial Districts; and the election and nomination of Senators;"

1330

JOURNAL OF THE SENATE,

which is found and concluded by me to be of sufficient importance to demand the necessity of consideration thereof at the extraordinary session previously called and convened.

Given under my hand and the Great Seal of the State of Georgia, at the City of Atlanta, on this 10th day of April, in the year of Our Lord, one thousand nine hundred and sixty-two.

/a/ S. ERNEST VANDIVER Governor

BY THE GOVERNOR:
/a/ BEN W. FORTSON, JR. Secretary of State

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has adopted by the requisite constitutional majority the following resolutions of the House, to wit:
HR 1. By Mr. Twitty of Mitchell:
A resolution directing the Clerk of the House to notify the Senate that the House has met in extraordinary session pursuant to the call of His Excellency, Governor S. Ernest Vandiver, and is now ready for the transaction of business.
HR 2. By Mr. Twitty of Mitchell:
A resolution to notify the Governor that the General Assembly has convened, and for other purposes.
Be it resolved by the General Assembly of Georgia that a committee of eleven, seven from the House to be designated by the Speaker, and four from the Senate to be designated by the President, be appointed for the purpose of notifying His Excellency, the Governor, that the General Assembly has convened in extraordinary session pursuant to the call of the Governor, and is now ready for the transaction of business.

The Speaker has appointed on the part of the House as a committee:
Messrs. Ballard of Newton, Lee of Clayton, Davis of Wayne, Jordan of Calhoun, Massee of Pulaski, Mullis of Bleckley, Simmons of Banks.

MONDAY, APRIL 16, 1962

1331

HR 5. By Mr. Twitty of Mitchell:
A resolution calling a joint session of the House and Senate for the purpose of hearing a message from the Governor at 8:00 o'clock p.m., April 16, 1962, in the Hall of the House of Representatives, and to appoint a committee of twelve, seven to be named by the Speaker of the House, and five to be named by the President of the Senate, to escort His Excellency the Governor to the Hall of the House of Representatives; and for other purposes.

The Speaker has appointed on the part of the House the following to act as escort committee:
Messrs. Phillips of Columbia, Jones of Liberty, Bowen of Toombs, Black of Webster, Brantley of Candler, Langford of Warren, Fuqua of Richmond.
The following resolutions were read and adopted:
SR 1. By Senators Knox of the 54th and Sanders of the 18th: A resolution to notify the House that the Senate has convened; and for other purposes.
SR 2. By Senators Knox of the 54th and Sanders of the 18th: A resolution adopting the rules of the Senate; and for other purposes.
SR 3. By Senators Knox of the 54th and Sanders of the 18th: A resolution relative to the officials of the State Senate and providing for the appointment and compensation of certain attaches and officials of the State Senate; and for other purposes.
HR 2. By Mr. Twitty of Mitchell: A resolution notifying the Governor that the General Assembly has convened and is ready for the order of business and providing for a committee.
The president appointed as a committee on the part of the Senate: Senators Persons of the 22nd, McKenzie of the 13th, Dailey of the llth and McWhorter of the 34th.
HR 5. By Mr. Twitty of Mitchell: A resolution calling a joint session of the House and Senate for the purpose of hearing a message from His Excellency, Governor S. Ernest Vandiver; and for other purposes.

1332

JOURNAL OP THE SENATE,

The president appointed as a committee on the part of the Senate:
Senators Blalock of the 36th, McWhorter of the 50th, Newton of the 17th, Green of the 44th and Hart of the 53rd.

Senator Knox of the 54th moved that the Senate recess until 7:30 this evening and adjourn at the conclusion of the joint session, until 11:00 o'clock tomorrow morning.

The motion prevailed, and the president announced the Senate recessed until 7:30 this evening.

The hour for convening the joint session of the Senate and House having arrived, the president, accompanied by the secretary and the senators, proceeded to the hall of the House of Rspresentatives and the joint ssssion called for the purpose of hearing a message by His Excellency, the Governor, was called to order by the president of the Senate.

The doorkeeper announced His Excellency, the Governor, and his committee of escort at the door and awaited the pleasure of the General Assembly.

The president directed the doorkeeper to admit the distinguished guests, and they were admitted.
The secretary read the resolution providing for the joint session.
The president introduced the Governor with appropriate remarks.
His Excellency, Governor S. Ernest Vandiver, addressed the General Assembly as follows:
LIEUTENANT-GOVERNOR BYRD, SPEAKER SMITH, MEMBERS OF THE SENATE AND OF THE HOUSE OF REPRESNTATIVES AND MY FELLOW GEORGIANS:
My remarks on this occasion are of direct concern to every citizen of Georgia.
I express my deep gratitude to all the information media for affording me this opportunity to bring my views to all the people of Georgia.
When I bade you farewell at the adjournment of your regular session earlier this year, I said to you that whenever your presence

MONDAY, APRIL 16, 1962

1333

might become necessary to protect the basic interests of Georgia people that I would summon you into extraordinary session.

That I have done.

Let's get this one thing straight, here and now

A voter's vote is in no sense diluted in Georgia's Constitution and laws as regards election of State Officers.

Every vote counts just the same and has equal weight.

I say this because

The election of Georgia and statehouse officers takes place only in the General Election.

For example, when you go to vote for your governor this November, you will have the choice of voting for Mr. Ed Smith, the Republican nominee, or whoever wins the Democratic nomination in the State Democratic Primary in September.

Democratic nominees are voted on by the people in statewide primaries.

Contrast this with the so-called "nomination" of candidates for statewide offices by the convention method; where the delegates are hand-picked; where the man who wields the gavel pushes through a whole slate of candidates to serve the will of a selfish few to the exclusion of the will of the whole people.

In view of these facts, which are self-evident, my friends, how in the name of justice; how in the name of law; how in the name of common sense, could any lawyers petition the courts in a civil action, to decree that this candidate or that candidate of this party or that party can or cannot win an election at the hands of the people?

That determination, my friends, must lie squarely with the people, not with the judiciary. Otherwise, government of, by, and for the people lies dead in the land.

Let us in our deliberations here, keep our eyes single to one goal: the happiness, welfare and best interests of all Georgia people from her mightiest metropolitan areas to her tiniest towns and hamlets.

We are met here to say in the clearest terms to the whole world that Georgians, following their traditional course of respect for law, and orderly governmental processes, are determined, upon their own initiative, to do what is reasonable, what is fair, what is equitable, what is logical and what is right in regard to legislative and electoral reapportionment.

1334

JOURNAL OF THE SENATE,

That is the orderly approach. That gives the people, themselves, an opportunity to speak. That is the American way.

Thus, the imposition of drastic judicial decrees may be avoided.

Before we proceed to a consideration of any proposed legislative reapportionment plan for Georgia, it is imperative, it is vital, that we know, understand and weigh carefully, what the United States Supreme Court DID, and DID NOT, rule in the Tennessee case.

That holding, my friends, has more hazards for its possible effects in this State than in the State where it was filed.

In numerous instances in its opinion, the Court clearly states that a State does not have to accord absolute equality in voting strength as among its counties or other political subdivisions. Differences in such relative voting strength are valid, however, if the State can show that they are supported by some rational basis.
Mr. Justice Clark warned all law-making bodies against inaction, saying that, ". . . the voters of Tennessee . . . had been caught up in a legislative strait jacket and that no remedy was available to them except through the Courts."

Soon after the ruling in the BAKER case, thirteen lawyers brought action in Federal District Court here against the Secretary of State of Georgia and against all Ordinaries of the State.

The suit asks that all primaries and general elections be held up until reapportionment is made. It further asks that pending this action senators and representatives be required to run statewide.
The action brought here is so far-reaching as to be beyond full comprehension.
There is also another civil action. James O'Hear Sanders against the State Democratic Party authorities and against Secretary of State Ben W. Fortson. It directly attacks the validity of the County Unit System.

This case seeks to stop the holding of the September State Democratic Primary on a county unit basis as now required by law.

Now, my friends, I realize that no method of legislative apportionment can be offered that will suit everybody one hundred per cent.

Criticism comes easy from those who have nothing to offer themselves.

As the Supreme Court itself has pointed out, some imbalance as to population is inevitable and is not dis-approved.

MONDAY, APRIL 16, 1962

1335

This is true throughout the whole history of representative government from the tribes of Moses' day to ancient Athens, Sparta, Rome, and Carthage; to the plain at Runnymede; to the Tower of London; thence across an unchartered sea to an uncarved wilderness; in time, after sacrifice, in pursuit of liberty, to Philadelphia and Savannah; thence to Augusta; to Louisville; and finally, to Atlanta.

This is the unbroken thread of ordered liberty sought to be severed.

Yes, the voters of this State recognize for what it is the patent inconsistency of those who have, over the years, clamored for reapportionment but who now just do not seem to want it.

Common sense tells us that the Courts of the United States are not about to let themselves become computing centers vast mathematics bureaus with an aggregation of political scientists and pollsters, engulfed in a monstrous assortment of tables and charts, acting as the sole arbiters of relative voting strength and determining the criteria by which the people of a State choose to be represented.

What turn are these law suits likely to take? The question which the Courts may decide are:
Are the criteria rational? Is the plan reasonable? Is it fair?
These are the questions Georgia must be prepared, without doubt, to answer in the affirmative.

You alone the General Assembly of Georgia can provide the answers to these questions.

Shifts of population in the past twenty years all over the Country have brought the question of reapportionment to the forefront. Georgia's situation is no exception.

To correct any developing imbalances, the simple approach is the most effective.

First, we know that total membership in the House should be held, as far as possible, consistent with fairness, to a workable level.

The people of this State, by popular vote in 1945, wrote into our State Constitution the present formula governing apportionment of members of the House of Representatives. This was done after a lengthy study by a Constitutional Commission headed by former Governor Ellis Arnall and was but reaffirmation of what had been the formula for nearly 100 years.

Whatever imbalance may have occurred in the method, as applied to the present day, has been brought about by recent population gain* in a very few of the State's more populous counties.

1336

JOURNAL OF THE SENATE,

To bring in balance, in an equitable manner, we must give due regard to all the historical concepts and criteria, economically, geographically and otherwise, under which the State and Nation have grown and prospered.

This can be accomplished by the addition of 20 seats in the House of Representatives to be apportioned among the more populous counties after each decennial census by the mathematical method of equal proportions.

This is the same method used by the Congress of the United States in apportioning membership in the House of Representatives.

To cure the developing imbalance in five or six of our more populous counties, the most frequent suggestion advanced has been that of allocating an additional representative for each 50,000 of population over, say, 150,000 in number.

This is one approach.

However, those of us who gave lengthy study to the situation, concluded that distribution of 20 additional representatives on a priority established by the equal proportions method, would be the fairest when viewed in relationship to the 1960 census, and the foreseeable future.

I would point out that the results under this method are more favorable than the approach most commonly suggested. The total population to one representative in the largest County, is one to 45,000 overall, leaving relatively ample room for a fair and automatic adjustment in 1970.

In the plan being presented to you, Pulton county has one representative for every 45,000 people.

DeKalb, one representative for every 44,000 people.

Chatham, one representative for every 38,000.

That's substantial and tremendous improvement over present apportionment for these counties where Fulton now has only one representative for every 185,000 people.

Where DeKalb has only one representative for every 86,000 people. And Chatham has only one representative for every 63,000 people.

Since this plan must take the form of a Constitutional amendment to be voted upon by the people at the November General Election, the additional representatives would not be elected until the next General Election after its approval because the seats would not then exist.

Since the County Unit Law is based upon House apportionment, and in order to give immediate effect to the proposed increase in appor-

MONDAY, APRIL 16, 1962

1337

tionment of unit strength for the more populous counties, a temporary act to accomplish this objective is essential at this time.

A wide range of public opinion has been received dealing with the varied legal, historical and practical considerations. Not the least of which is that since the establishment of the State, our Constitutions and laws have sought to achieve an equitable balance and distribution of electoral and legislative apportionment among all of her governmental sub-divisions. This was most ably reviewed by the late, honored and revered, Federal Circuit Court Judge Samuel H. Sibley in his opinions dismissing previous attacks on Georgia's apportionment laws.

Common sense demands that the courts concern themsslves with general rationality. The overall effects. Averages. Not extremes.

I would call your attention, clearly and explicitly, to the obvious fact that the extremes which have been claimed time and time again, which have been circulated and which have been alleged in the law suits now pending in Federal Courts, rest on a false premise and are solely calculated to deceive.

The most common fallacy is that of comparing Fulton County, our largest county, with Echols County, our smallest county, and presenting that comparison as a reflection of inequitable apportionment.

But an examination of the extreme is not as extreme as thesj lawyers would have it appear if the formula I am advocating is adopted.

On the basis of registered voters, the ratio of voting strength as between the extremes is not 99 to 1, as claimed, but less than 16 to 1, and that I emphasize is the most extreme example.

My office has enlisted cooperation of the Vital Statistics sources. One thing that has been pointed out to me and perhaps overlooked by many is that temporary sojourners are included in total population figures.

The number of registered voters are quite different in many counties as you will see when comparing the tables which I will furnish you, the Members of the General Assembly.

Some disparity exists in every system of representative government or representative assembly in the United Nations, in the Federal system, in the States, in the towns and cities.
The plan under consideration here is best suited to fit the needs of the largest State east of the Mississippi River with 159 counties with differing needs.
In the final analysis, it was a combination of the best features of the present apportionment provision and those of several suggested plans that are incorporated in the proposals which will be presented to you tomorrow.

1338

JOURNAL OF THE SENATE,

They constitute a substantial change for Georgia.

They are the fairest in their application to all.

They take into account many differing aspects of our State's life, her history, long tradition, and notable precedent.

They adjust for population shifts both now and in the future.

They offer the best approach to legislative and public acceptance, without which, nothing can be accomplished.

The many differing ideas and suggestions which were presented, I am confident has been merged successfully into a sensible pattern a workable plan embodying fairness and reasonableness.

We have seen in the Federal system and in the Congress the effort to diffuse and equalize voting strength throughout the country, accompanied by increases in the size of Congress up until the present practical maximum of seats was reached.

If we act and act now with courage, conviction and foresight, we will have done all we possibly can to meet this critical problem.

I want to emphasize this fundamental fact. In the apportionment cases in the past, Georgia has won them without exception in the District Courts.

Consequently, the elections proceeded according to law or stood the test.

But if we had lost, our election processes would have been thrown into confusion.

That is the danger here. That is the danger we must meet at this session.

To suggest that we fail to act to bring a greater degree of fairness to our apportionment system, suggests a complete lack of understanding of court procedure.

Where the rights of citizens are in issue, and the time is ample, it would be folly for us to fool ourselves into believing that the lower courts would tolerate, or become a party to, delaying tactics.

I would remind you that Our most recent experience has been exactly to the contrary.

Rulings have come so thick and so fast it has been hard even for the press to keep up with them.

MONDAY, APRIL 16, 1962

1339

The truth is, that if Georgia acts, and acts reasonably, we will be in immeasurably better shape with the decision than before it was handed down.

If we fail to act, then, the opposite is true.

The Court--a practical Court--The Constitution--a practical in strument of government--requires only that the States pursue a course of reasonableness and rationality in apportionment of their voting strength.

That is the course I suggest to you.

That is the course that will meet any fair test.

That is the course that will save our people, save our State and save our local governments from chaos.

That is the course that will assure a continuation of orderly, un interrupted governmental and electoral processes.

That is the course expected of a Constitutional Republic, founded upon belief in Almighty God, and adherence to a government of laws and not of men.

CENSUS POPULATION AND PERCENTAGE DISTRIBUTION BY COUNTY, APRIL 1, 1960

(Includes Military personnel and institutional population in each county)

Rank

Number

Per Cent

State Total _-_---.......-_...._.__- -.._..._..-....._---.......____-_..3,943,116

1. Fulton .--__,,.--___________..,,,,_._-__,,

556,326

2. DeKalb ...-.._-.-..-_....-.-....._._-....._.--....-.__-_...___.___..... 256,782

3. Chatham _-___-__---.__--,,----.___ 188,299

4. Muscogee ._...-....._....,,.-....__.._-.....-_...-......_-..-..._..__....,,..... 158,623

5. Bibb ,,_._,,_,,____,,____,,____.___-____ 141,249

6. Richmond ...._..........._..___..................___......__...._....._.._..... 135,601

7. Cobb ........__......__.__...__--_......._.-......_._._.......-.._.__..-........ 114,174

8. Dougherty __-__.-__.---___-____ 75,680

9. Floyd _--_.--__.--___ --- ---.--_ 69,130

10. Hall ___........._______-. -___,,_- 49,739

11. Lowndes .,,--___,, -._--______,,___ 49,270

12. Troup ..__....___-_-._-___-.--.__-- 47,189

13. Clayton __.__- -____--.---_,,__.-. -- __-- _,,____ 46,365

14. Clarke _..__._...._......_.._._--...._..._..___.___,,,, 45,363

15. Walker ______.--___-___.__..___--____

45,264

16. Gwinnett ,,..._.-._.-.-.-._-._.....,,_-_......-_-..-.-.__-....._..._.__.... 43,541

17. Whitfield _..-----__--___-. 42,109

18. Glynn ..........__._....._.._---_..__-_...................__....____............._._ 41,954

19. Houston ......_.........___........____._.__.____......._.._._.....-.__....._.....__ 39,154

20. Carroll .......,,.__..__-.......___......._._.._..-.__-..._...................._ 36,451

21. Spalding ..._......._...........__....................-.........-.........._-.... 35,404

100.00 14.11 6.51 4.78 4.02 3.58 3.44 2.90
1.92 1.75 1.26 1.25 1.20 1.18 1.15 1.15 1.10 1.07 1.06
.99 .92 .90

1340

JOURNAL OF THE SENATE,

22. Thomas ___..-.-.-_.....-.-.,,__._...._____.._--.-..._----__.-__._ 34,319

.87

23. Ware .__-_._._.._.........____.........-_....__--_.._.____._--..___ 34,219

.87

24. Baldwin ______________________________________________.._.-______...__...._ 34,064

.86

25. Colquitt ___,,_________________..__...______...__._.___...._____ 34,048

.86

26. Laurens --._..._....-.-.-.___.-_.._-.____......__-.-.---___.....-__..,,. 32,313

.82

27. Coweta _.....__.__--......-____......._-___.._..-_____..-----_.-.-____..... 28,893

.73

28. Bartow __..-...--_-_...-_.---__...-....-_---._.._.--__-.-__.---_-__.-___-.,,_ 28,267

.72

29. Polk _______-_______.____---._---___--_.,,,,__ 28,015

.71

30. Decatur __.-_.--.__....._,,,,__.__....__....__.-_.--_._....-..._ 25,203

.64

31. Sumter -.._..._..__..__...-.__._._._..._..._._.___...._,,....,, 24,652

.63

32. Bulloch .._-..._..__.______----_-_-______-.,,_____,._____ 24,263

.62

33. Upson ___.-._.-_._..-...__..-..._,,.,,._____.-__...______-______,,_____ 23,800

.60

34. Tift ..._._._...__.__-_.-_-_____.___.__.___...______ 23,487

.60

35. Cherokee .-- --.....--.------..-----------.------------ 23,001

.58

36. Coffee ... ...-- --------------.----------__...._...___.... 21,953

.56

37. Catoosa _......_....._.._....._.........._..._.._......_----._._..._ 21,101

.54

38. Newton .._._..._._......_..___-____..,,.__.-__._ 20,999

.53

39. Burke ...-_.._...__......__......_....._...................._.__.......__ 20,596

.52

40. Walton ....__............._..._............._.._.......__.__.._.._.-.._......._ 20,481

.52

41. Chattooga .._.__..-....-..____._..--__,,__-__._--..._....._. 19,954

.51

42. Meriwether ....__........_.._._.........__......._.....__._.._._ 19,756

.50

43. Mitchell -___.......-,,...._...-.._..........-____._-..-....-_.-.....-.......... 19,652

.50

44. Gordon ..._...._..........___...._..._._..._.._.,,.._.......___......._._.... 19,228

.49

45. Washington ,,_.._..._,,.__..........__........--....._.....-__.._.--___. 18,903

.48

46. Jackson _..._.-...__......-__-_.....-._.-_-.__--..__.-.--.----._..__. 18,499

.47

47. Stephens _________....._._.........._.._...._._..._____.._._...._ 18,391

.47

48. Habersham .........__._......_.........._..-_...._.........__........._...... 18,116

.46

49. Grady _._._.____...._...___._......__._........._........_..-.........._.... 18,015

.46

50. Wayne .........._...._........__...______..___.__......__ 17,921

.45

51. Elbert __...........__.-._....._._............___............_,,.--____._..... 17,835

.45

52. Emanuel ........_-_.._._.._.-........._.-____.-...._.-__...__..-.... 17,815

.45

53. Crisp ......___......._..__.__...._..__..._.....-._....._.__......._-_.... 17,768

.45

54. Henry ......_._._....._..._.._.....__..._......__.___......-._...___..._- 17,619

.45

55. Jefferson ..__..__-........._.._........_..___..._........_.,,_................ 17,468

.44

56. Toombs ..............._._...._.....-_......_..._...._........--.__...__.__. 16,837

.43

57. Douglas ..-..__._.--..-_-.._-_-.......__-___-.._._-._..___....-.--...___.-..... 16,741

.42

58. Worth _._.._....__._.........._._........--____..........._._._......_...... 16,682

.42

59. Dodge .__.._.............__..._.........___..............._...._..........._......-.-_ 16,483

.42

60. Tattnall _........._...._.___............_____._........__........-......-___.-_ 15,837

.40

61. Brooks ...____._....-.-........__..........-..-_____....--.._-____--....,,._..--. 15,292

.39

62. Hart .___._..._.___._..._.._..........__..__.,,.......-..-___...._..._ 15,229

.39

63. Screven -___,,_....._.-___.._....-...-.__-..--..-....___.-_..-_.-_....._--.. 14,919

.38

64. Haralson ._..._.._.........._..__._............__._._........._.._.......___.....__. 14,543

.37

65. Liberty ......._....___..........____...........__-_..__....._...__.......__._. 14,487

.37

66. Barrow _.......-.__.__._........_._...._..-.....-..--.--..-----....-.... 14,485

.37

67. Peach .._____..........._.__._......-.._....__............______...-..-_._....-_.. 13,846

.35

68. Ben Hill ___..........-..___..__.........__.__..........-..-__..---._._-..._ 13,633

.35

69. Fannin .__.._..,,._-..-.....-__...-......---____...--......._.--_---....--.... 13,620

.35

70. Columbia ......._...._..........-.._......_-......_--_.---.----.....--. 13,423

.34

71. Franklin ....._......_.__......-_-_.__...-._..-..--._.___-._.--..._.-....-._.- 13,274

.34

72. Appling __................__._............_..._-.__................_,,-...._........ 13,246

.34

73. Macon .....___._.._.........._..._........-.-_.___._..._..--..-_..-..--....- 13,170

.33

74. Early __........._..............___.__........_...__...............__-_........__.. 13,151

.33

75. Paulding ._..._..._..____........._._..-__...........-_..__.....-......_....-..._. 13,101

.33

76. Chattahoochee -_...____._........_._-_.___..............-_.--......__........ 13,011

.33

77. Terrell ._............_..._.._.__...............__.._...............-_---..-_.-.... 12,742

.32

MONDAY, APRIL 16, 1962

78. McDuffie ....____._..______..._._...........-_._...-_..._--._-_--._-.... 79. Forsyth ..___.___.._.______----... 80. Berrien ,,..___.___.___,,_______.,,______._________.__..__._.___..__.__ 81. Cook ________..__._______.___.___.____-.__. ....... -.--._ 82. Telfair .-.._.....--_-_.-_.-...--.-__-..-...__.-.._.--.-_.--.--.---.-. 83. Dooly ___________.____.__....____.._____.______ 84. Madison _._._._._.__.__.._.__......__.._.-.-._..-.-._.,,-.-.-,,..-_. 85. Greene ...._......___.....___....._.-.._...-.__..-__.-----....-.86. Harris _._..____-_____.-_ ..._...-.__.-.-_.--.-.-----87. Randolph ____._____..___.__-...-.-.__.-__.--__..._.__.. 88. Wilkes __...._......__._.....__..____.._____.._____.._____...... 89. Rockdale ....._._.._.__.__._.._._...___..._._.._--_-.._..__.__ 90. Monroe .___....._......_..__....._,,.__,,-_....-._...-..-.-._.._.__91. Murray -...._.-....____.__._______.____....___..._.__,,.-_-.-__-..-.___ 92. Morgan ._____________.._____..._____.______....__...._.....__._.... 93. Lamar .___........._.,,........,,._.__.__...__.._..____--.._,, 94. Effingham ________.____._.____..-__..-------95. Hancock ...__..____..._.__--_____..._.......__.._........... 96. Camden .._--.-,,_...__-....----....-..._.._.-._--.._..----..----97. Pierce ....-...,,___.,,__..___._._,,__-__.._.._._--_.___.._
98. Bleckley ........_..__-......___...___...__-._..._....__--..-._._..__...... 99. Wilkinson ....__.__.-.___..-___._____._....___...__....._.__._.__._._.._._ 100. Irwin ______..___._____.___._.___.___..____.-___..-.-___.._.. 101. Jenkins _...._._-.._._...._.-.....-.-...__-_-,,.-.._-_._...........---_.. 102. Butts ..__....-.-..._._.._..__._._..___-.--_--_-.---_---__103. Gilmer ....__._......_......._____.._...._._.____...... 104. Jeff Davis .____..__._.__.___.._.__..__.._... 105. Pickens _._____._.._._..._.._._.____.__..._. 106. Bade ....__._....______._____..__.._...-......... 107. Jones ..............................__.__--....-._..--._.._.--..--._ 108. Turner ....__.__......____......._.._._..____.......__ 109. Bacon ....__....._.._...._.....__..._...,,._.__...._-_._--_._-...._ 110. Taylor __......___._....____....___._..__....______-____..-_.--.___. 111. Pulaski ............__.....__._______.____.__......... 112. Fayette ....... ...... ...... --.___.-__..-.-_----.--._._.._.-.. 113. Johnson ____....__..-....____...___-....__-.-..__......-.__-....._._....._........_... 114. Twiggs -....__.......___...-._.._.__-...-____-...-._-._.--_---.---._.._-_...... 115. Oglethorpe ..._____....___._-____.__.-___._........_...-_... 116. Wilcox ....._.......-...._.._._....._--._.-.._._._...--....._-__.. 117. Putnam .-....--..--__-.-----...-.-.-..-.----.---118. Rabun ...._..._._._....,,......_........_.._.._..._.........__...._.__. 119. Stewart ....___...-___..-__.._.._.__.._____....---.___.._ 120. Warren ________.______..__.__...._......._._. 121. Calhoun _________._____________--___. 122. Lumpkin __.___.__..___.._._.._.._.._......._.....__... 123. Pike ........_...____.....____________-_..._...______ 124. Talbot ....._______..____.._._____.._.._....._ 125. Evans ._.._.__..._______.....__......___.__........ 126. White .........._.___._..__............_____............... 127. Miller .___._.-.___._.._......_._..._.......................,..__. 128. Seminole ...._..-___....-.._..-.__...-.__...._______.___--..____. 129. Candler .__.__.-_....___._.________..._....___ 130. Clinch __..___...____.-____.-___.--._...-__...._._.___.._ 131. Union .._......,,._......_..__..........................._____....__.... 132. Banks .._._....__......___.._____.....__..........-....__.. 133. Mclntosh _________________.__.._....._....-............_.............

12,627 12,170 12,038 11,822 11,715 11,474 11,246 11,193 11,167 11,078 10,961 10,572 10,495 10,447 10,280 10,240 10,144 9,979 9,975 9,678
9,642 9,250 9,211 9,148 8,976 8,922 8,914 8,903 8,666 8,468 8,439 8,359 8,311 8,204 8,199 8,048 7,935 7,926 7,905 7,798 7,456 7,371 7,360 7,341 7,241 7,138 7,127 6,952 6,935 6,908 6,802 6,672 6,545 6,510 6,497 6,364

1341
.32 .31 .31 .30 .30 .29 .29 .28 .28 .28 .28 .27 .27 .26 .26 .26 .26 .25 .25 .25 .24 .23 .23 .23 .23 .23 .23 .23 .22 .21 .21 .21 .21 .21 .21 .20 .20 .20 .20 .20 .19 .19 .19 .19 .18 .18 .18 .18 .18 .18 .17 .17 .17 .17 .16 .16

1342

JOURNAL OF THE SENATE,

134. Oconee _____...----..----_--..._____--.,,._.--,,_..,,__,,...,,__ 6,304

.16

135. Montgomery -- ....----________.___,,.--.__.____ 6,284

.16

136. Bryan .,,.__----...------._._...__--------.___.. ..--...--.... 6,226

.16

137. Lee --------------.--. ..._.........--.-.__...----..._....... 6,204

.16

138. Atkinson ..._------...._-- ........----_--...----.----.__..____.. 6,188

.16

139. Jasper _------._______..- .-- .......--___----_. 6,135

.16

140. Lincoln -----------------------._----,,----_._

5,906

.15

141. Brantley .___----.___----.--...__. _-._._. 5,891

.15

142. Treutlen __..._.........._..._......._..__..................._.......... 5,874

.15

143. Crawford -._--..._--..._.......--.___..._____..._....__.._..-..,,_. 5,816

.15

144. Marion --...._--..,,.._..._.....--..__.,,.._....--.._....._...-..... 5,477

.14

145. Wheeler ----.....,,...--.......-.._....._.-.-.._...-.....-....._.....-.... 5,342

.14

146. Heard ......._....,,.....-......__..._....._._._._.----..-....._-.-...... 5,333

.14

147. Charlton .._.............-.....,,....__...._...._.._...--.....-...._......... 5,313

.13

148. Lanier _.--..__..----...,,.._ .__.___.___...-_............--...- 5,097

.13

149. Clay ._..--._..__._.....-_......-..____.._.___.............. 4,551

.12

150. Baker .-_._____.__________.______..------ ..-....___...__ 4,543

.12

151. Towns ......._..........--._-..___....____-.....-........ 4,538

.12

152. Long --..----_.-___.__._._.___.,,.--_..-____,,...-_-._.._-..___..._. 3,874

.10

153. Dawson _...___...,,__...._____.....--......_..............._....._....--. 3,590

.09

154. Taliaferro ....,,..._..___.--_..--...--............-..._..,,......_. 3,370

.09

155. Schley _.....-- ...._...____.......--................----..............- 3,256

.08

156. Webster .--------..______._._. _.._----.__.._.,,--._----..----._ 3,247

.08

157. Glascock --...----.__.--.-- _.----..----.,.._.._....--._.----.._. 2,672

.07

158. Quitman ........------.._._____.__,,._.___,,_____._____..._. 2,432

.06

159. Echols ._..___------- -_--------------..___________ 1,876

.05

SOURCE: U.S. Bureau of Census Georgia Department of Public Health, Biostatistics Service

April 9, 1962

REGISTERED VOTERS AND DISTRIBUTION BY COUNTY, GEORGIA,

1960

Rank

Number

Per Cent

State Total _____-___-.___-_--.___-_.--.__.__.._____-_.l,302,139

1. Fulton ----_----,,.--------_----___.--------_----_ 145,096

2. DeKalb ____._____._____._._._,,__..----...------.---- .... 70,636

3. Chatham _--..--___----__.__....__..._....__.....--..__.,, 46,139

4. Bibb ----...._.----...----.,,._..,,.._._-._.,,...___.............-,, 31,869

5. Cobb -.-_-.-._.-...._-..----_..-....,,.-_........._-,,.-,,_-.._ 30,376

6. Richmond _--.-----.--,,..------------..--,,-.------..------ 28,867

7. Muscogee --.,,---_,,........__.._.-_._._....._--...,,.....-,, 26,549

8. Walker --..-.--------__....--..._..........._._._.,,-......_....__ 25,061

9. Floyd ----....._...-_----_.._-,,-_..._.._...--.-..-.__...... 22,698

10. Gwinnett .. ...-_--.._----_._-.,,--._.._._.--_,,-_,,----_ 20,579

11. Whitfield .--...-.--__.._..._..--._...--..._...._.--_......-_. 17,756

12. Colquitt .,,----...-.----_._...._.-.._._._.__.----_--._..--,,.,, 15,293

13. Lowndes .__-.___..._.._-_.._,,_.._...----.----_.- ---- 14,969

14. Ware . . .. . ,, -.---- ..,,.... ..-- ,,.. 14,756

15. Dougherty .....----____,,_----.....__--.._.--__--_... 14,405

16. Clayton

............-- ... ...... ..._.__--_----._ 14,304

100.00 11.14 5.42 3.54 2.45 2.33 2.22 2.04 1.92 1.74
1.58 1.36 1.17 1.15 1.13 1.11 1.10

MONDAY, APRIL 16, 1962

1343

17. Hall __...._._..___._____..________._______._____-___---___---.-.-----.... 14,010

1.08

18. Cherokee ------.-----.--.--------

13,762

1.06

19. Troup -_..__._..._____..__.--...--_-----.---- 13,491

1.04

20. Bartow _____________________________ 13,108

1.01

21. Carroll __...._______________________________________

12,451

0.96

22. Franklin __-__-._--.--.-- ---------- 12,319

0.95

23. Dodge ____________._.__._________._--_-.--_ 12,075

0.93

24. Coweta _.__________.___..___-____.____,,___-__.___--...__. 11,776

0.90

25. Coffee ___._._________.____.___.,,__.______-___-_-_____-_-__ 11,744

0.90

26. Laurens ______._.__.,,____.._______.___.._-__-._.___-___ 11,679

0.90

27. Polk __._.____________.,,_-__.._____-_____._--___-__--- 11,571

0.89

28. Catoosa ________.____.,,______.______--__---______._-_ 11,508

0.88

29. Clarke _____________.____.___,,_-__-_-__________________ 10,703

0.82

30. Baldwin ____________________._.____________-_..___ 10,293

0.79

31. Stephens ____._____._.__...--__._._.._.___-__- 10,289

0.79

32. Spalding __..__._.__._______._..__.._.--__.--.--- 10,284

0.79

33. Glynn ... __________ ______ .._.. 9,834

0.76

34. Elbert ._____..______.,,___-._--_..-.----__--.

9,658

0.74

35. Emanuel _._____.___._________.___.,,__.______-._-___-____--.. 9,650

0.74

36. Chattooga _________________,,__.--__--_____________ 9,639

0.74

37. Thomas ____________._____.._____._.___.,._--.________--__--_-_-_--- 9,536

0.73

38. Douglas _____._______-_.-_____--____.._._.__-____-..--__-_---_---- 9,405

0.72

39. Bulloch ,,__.__.__..___________.________._____._--_-_-_.- 9,183

0.71

40. Appling _____________________________-_____--_ 9,064

0.70

41. Decatur __________________________,,________-________ 8,857

0.68

42. Gordon ____________________________________._-____._._ 8,744

0.67

43. Fannin ________________________________......_,,.... 8,452

0.65

44. Tattnall.______.____..__..._____.._...__..__.__. 8,417

0.65

45. Henry _._________._______..______.-__._________________._- 8,239

0.63

46. Paulding __....._.....__..._.-....._........-.-.._._-__.-._-......... 8,169

0.63

47. Tift ..__-...._._._....-..__._.._..,,..-..._.-.-_-..._.-,......_..--........_-,, 8,123

0.62

48. Washington ..__.._....._........,,.....,,_.....,,_.-...__--._-.-.--..,,.__. 7,941

0.61

49. Wayne ....__..__..._.__....__...__-__.._.._.-...--_..._.--_... 7,705

0.59

50. Houston -_._.._.._-_.._...__........__..._--..--.-----.----.__. 7,653

0.59

51. Telfair .........___..............._......_.._....__...-.._..-...-.............. 7,576

0.58

52. Greene ___________________.....______________.__................. 7,501

0.58

53. Hart ____.__.________.._.._,,__.____.__..__.___.._._.___._ 7,312

0.56

54. Jackson _________,,__________..___-__.__._..._......._._. 7,114

0.55

55. Barrow ____________.________.____._.___...._--_____ 6,760

0.52

56. Cook __._.._-___.____._________.._______...._____________ 6,745

0.52

57. Walton ____...___.______.......__________...__.___........... 6,595

0.51

58. Toombs _.______.______.____._._.__..__-_.._.......___.__....._.....__.._._ 6,511

0.50

59. Haralson .__.___-_____._,,-__.___....._.__-_..._,,.......,,___-.....-_-. 6,401

0.49

60. Worth .__.____._____.._____.._.___._._.._...________...__..____...__.._ 6,311

0.48

61. Bacon __.__,,_______________.,,___..____,,_______..____.___._- 6,285

0.48

62. Upson __._,,____-.__________,,____..____...__.-_.________.._._ 6,153

0.47

63. Crisp _....__-_.__._____-_________.-.___.._.____-.________..__ 6,100

0.47

64. Newton ______,,____._____..._____,,.._____-__._-_-____.._,,-__ 6,042

0.46

65. Sumter __________,,______.____.__.__._____.._.______...,,_______ 6,035

0.46

66. Habersham ___.___.____._.___________________ 6,000

0.46

67. Butts ._____._____.._._...__._____..._.. 5,668

0.44

68. Union .........___.._____._...._____________..._ ._ 5,662

0.43

69. Meriwether ._____..........._______________________ 5,458

0.42

70. Forsyth ________________..._.______________________ 5,419

0.42

71. Mitchell _____________.____________.____._.__.._..__.._.____.. 5,326

0.41

72. Rabun ................_...._.............._..........._...._.........___...__ 5,243

0.40

1344

JOURNAL OF THE SENATE,

73. Dooly .......... ..._......___.__..._............_..___._............_--_._....._...____.-... 5,067

0.39

74. Pickens _..__...____...______..__._______.._.._.____.__......__..____.._.__..___... .. 4,840

0.37

75. Madison ___.......____......_____....._.___ ._....___.._._..___..._.______...._.___._..... 4,807

0.37

76. Berrien ....... .....____.._.___._.__.___._..___._.._______..._____._. 4,804

0.37

77. Irwin __...._.___.___.__._...._...._.....__._........__.._._ ___.______.._____.._.____.____ 4,800

0.37

78. Columbia ..__-__..-_.__...._.______..._.. __.-._........_.___.__....--__-.....____...__ 4,720

0.36

79. Grady _....____-..._.___._....______._.. .___.--.._.._...-___.._-____...-......_. 4,709

0.36

80. Rockdale . .-._......._-__.. _.._......._.. -_-__._.--_._...-.-_..__...--___..._ 4,662

0.36

81. White ___..........___.....___.._..._...._..._.._-....__.__....._..._._..._.__._..____.__. 4,462

0.34

82. Jefferson .......__._......__._..-.-_.__,,.-.....__-....._.__._.._____.____.._.__._.._ 4,333

0.33

83. Dade-...-----_-__--.._-,-.-____-.--...__-...-__._---___._..-__.-_ 4,329

0.33

84. McDuffie .__.._.__.__._____._.__._...___.._.._____________________________________ 4,297

0.33

85. Jeff Davis __-___...-_......___-.__...____... .....

4 :282

0.33

86. Lamar ......_____...._.._......_. _________,,_....__.__._._.__._.._____._....._.___._..____ 4,278

0.33

87. Pierce .... _,,_..___....,,.___.............. ..__.___....__.__._.........___.____..._........ 4,256

0.33

88. Candler ____.,,.____. _._._,..-___......._..-..___.....---_........ 4,185

0.32

89. Bleckley .__..................____........__.........._.____.......__._......__....... 4,161

0.32

90. Early .. ..._.._........._..................___..._..._...__......__.......___.... 4,151

0.32

91. Gilmer _..........._........._..........____......._..._.........___._....____....__ 4,041

0.31

92. Screven .__........._...._........_............_........_-__................__...____.. 4,027

0.31

93. Harris ........__.........__........___.. ......_......__....___......___........_. 4,021

0.31

94. Liberty ....__...........__.......__._..........__._.___......_....__......_........ 4,014

0.31

95. Turner ...._....._._........._.._._........._.......__._.__........_..___....._...... 3,994

0.31

96. Ben Hill.__-__........__........_.__......__........._....._......._._...___.... 3,916

0.30

97. Montgomery _........-_.._........__._........_._._..,,..-..____,,_..-...-_..-_...... 3,908

0.30

98. Camden ........_._._........,,.... ..____.........___._.............____....____.... 3,861

0.30

99. Morgan ....__....__..._........._,,......_._.__........_......_...._.._._......__,,.. 3,820

0.29

100. Murray .................._..__........ .__....._.-............._.__.-_-..,,...-....... 3,812

0.29

101. Monroe _..._..-.._....-....__.._........._.._.-.-.-.._._-..-......__-...-____..... 3,805

0.29

102. Brantley ...__..-__..___...-.._._.....,,___..-_...--_....___..... 3,786

0.29

103. Wilkes ....__....._..._._........_.-.......__._........._._...........__--...._.. 3,779

0.29

104. Brooks ._........__,,.........-_._-_.......-_.._.._......_.... _..._._.-.-.,,-....._ 3,716

0.29

105. Banks ...__.._......__._.........._,,.._...._.___.....__,,..._-.__........._.... 3,713

0.29

106. Burke ...........__._......__.....__.___................._..____.......... 3,711

0.28

107. Johnson ._..--.._._._._...-.-_...-_....,,..-...-.-...__--_._..___....-.__ 3,710

0.28

108. Wilcox .....__._.........__._.......:__....._.......__.._...__-...-..-___..... 3,667

0.28

109. Wilkjnson ......__........-_.._.,,...-..._--_..-.......__....-...-..._..-...-_..... 3,637

0.28

110. Bryan .._._.__-_.........__..._......__.......,,__._....-..___.._..........-.....__ 3,551

0.27

111. Jenkins ......____........-_.......-......_,......-._.__-_.........___.-..-____.-.. 3,541

0.27

112. Towns -__..,,....._........_.-.._-..._.__._-.....--.-___-.--__...-.--. 3,514

0.27

113. Seminole .....__.......-..__......-....._...-.-.___..........__.____..._...... __ 3,500

0.27

114. Macon ... ............._.......-_-_.........-._._.....-___--_.......--.......__.. 3,480

0.27

115. Long ............-........-_............_._._....-..--___--.-....._---.-_.----... 3,470

0.27

116. Pike _........_...........-...___......._..__._.__...-___..._-....._....-..___.. 3,320

0.25

117. Taylor ....__._.....__....._......__.._...--_._.........----.--_-...-- 3,294

0.25

118. Pulaski .........__.._...............___.....-......__..............__.__.......______ 3,255

0.25

119. Peach _...._............._.............._...__........-------...-.---...--.. 3,198

0.25

120. Miller ..._....._.....,,__._... .....-...-.,,.-.-..._..._.._-.-.--..-__.-_... 3,193

0.25

121. Heard ......._........._..._..._......_.......____.__........__._.-_.......__...... 3,190

0.24

122. Putnam __........_.__......-........-_,,___._.....-...,,-....--..----...----. 3,173

0.24

123. Effingham .............___.__.......... _._..............__.___._..-.....__...,,.._.... 3,068

0.24

124. Oglethorpe .._....-......_.......__-......................._..._...,,___......._......_ 3,059

0.23

125. Hancock .................. ..........__.__......._..___.___-......,,..-___..--_._.... 3,045

0.23

126. Jonas .__._._.......-......__.._..-.-..._-_.__-.-.-.._---------.---.- 3,013

0.23

127. Atkinson .. ..._..............._._.__.........._._._....-....-.._-_--.....--... 2,951

0.2',

128. Terrell .... .........-. -... ...__.__._..-..._..--..- ....._..._..-..... 2,945

0.23

MONDAY, APRIL 16, 1962

129. Mclntosh __..___..,,._...._____.._.__......________.______.____..___......_..__..___.__._,,

130. Randolph ..-.-._._....___....._..._.__._.....-___.-.-.-.-__.,,.,,.

131. Evans ..._.._.._.___..___.___.._.___..____________._._.__-_________._....

132. Clinch _..._..._____..__._._____._..____._.,,________.._______.....__________________.___

133. Wheeler _..._.._....._____.._..._____.__..._..._________..____.____.____.______,,___...._..

134. Payette .........................

135. Lumpkin .........._._.....,...

136. Treutlen ..-- ._.._.........-..._...........

137. Jasper __.___..._......_._____...._.. ............. ______._.._.

138. Lanier .. ....._......................_.__.............._...._.......__._...._...

139. Oconee ........_.._............. ,,___...............___.

140. Lincoln ........_....__._.___._.__.._ ... .............._ .__._,,__

141. Dawson _.................__..._..._...._.................__.-_._._...._.___.._.....,,.

142. Twiggs ..-............-__.._.__.._......_......._....._.___.-.__...._.____._.________.__..

143. Warren _................................ .___._._.____.....__.._....._.._.____..__._...

144. Charlton ......_......_...__.__.

145. Taliaferro ................._........ _..... ....._._.___..._....___.._..__._..

146. Calhoun ...... .._._.____.............._........_..................__....__...._....,,

147. Stewart ..................._._.._...

........

148. Talbot ..............__....._._.. ........................_.....____........__....._...

149. Baker ........ ........._...._..........._.................._............__._..,,......

150. Crawford ................._....._.._.._._........................__..___.___.....

151. Marion ......._..._....... ..................._____,,_.................._....._..__..__._

152. Glascock .-.,,_.......,,..............._..__._..__.................._...___..._.._..

153. Lee ... ...........__-_._.__..__..............._..._..__.,,_,,___..__,,___........_...._

154. Clay ._-....._....._.__,,.__..._.__..........._.,,._.___._,,..__._.

155. Schley ._.......................___.__.._............................_.___........._..

156. Quitman __..................._._.._.__..._..._..._.........._.._...__._.._.

157. Webster .______.__._..............._......_,,__._..._.........._._.__..,,.....

158. Echols ..,,...._....,,_._..._.._.,,.__..._.._...,,..,,.._......_....._......__._,,

159 Chattahoochee .........._..__......__.............-............___._._._....

2,890 2,856 2,806 2,796 2,776 2,766 2,747 2,683 2,548 2,468 2,275 2,225 2,183 1,936 1,931 1,893 1,840 1,816 1,808 1,799 1,740 1,595 1,563 1,385 1,239 1,121 1,027
804 800 745 335

1345
0.22 0.22 0.22 0.21 0.21 0.21 0.21 0.21 0.20 0.19 0.17 0.17 0.17 0.15 0.15 0.15 0.14 0.14 0.14 0.14 0.13 0.12 0.12 0.11 0.10 0.09 0.08 0.06 0.06 0.06 0.03

Table Showing Georgia Counties, Population, Priority Numbers and Order of Assignment of County Unit Votes by the Equal Proportions Method

Counties Population

70710678
Priority No.

40824829
Priority No.

28867513
Priority No.

Population Multiplied by

22360680 18257419 15430335

Priority No.

Priority No.

Priority No.

13363062 11785113

i

Priority j Priority

No.

No.

10540926
Priority No.

Fulton DeKalb Chatham Muscogee
Bibb Richmond
Cobb

556,326 393,382 (1) 227,119 (2) 160,597 (4) 124,398 (6) 101,571 (9) 85,843 (12) 74,342 (15) 65,564 (17) 58,642 (19) 256,326 181,250 (3) 104,645 (8) 73,995 (16) 188,299 133,147 (5) 76,873 (14)
158,623 112,163 (7) 64,758 (18) 141,249 99,878 (10) 57,665 (20) 135,601 95,884 (11)
114,174 80,733 (13)

MONDAY, APRIL 16, 1962

1347

Senator Waters of the 41st, Chairman of the Committee on Senate Admin istrative Affairs, submitted the following report:

Mr. President:

Your Committee on Senate Administrative Affairs has read and examined the following bills and/or resolutions of the Senate and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for transmission to the House of Representatives:
SR 1.
Respectfully submitted,
Waters of 41st District,
Chairman.

Senator Knox of the 54th moved that the joint session be now dissolved, and the motion prevailed.

Under the provisions of a previous motion, the Senate adjourned until 11:00 o'clock tomorrow morning.

1348

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia, Tuesday, April 17, 1962.

The Senate met pursuant to adjournment at 11:00 o'clock this morning and was called to order by the president.

Scripture reading and prayer was offered by Dr. John W. Hughston, pastor Northside Drive Baptist Church, Atlanta, Georgia.
By unanimous consent, the call of the roll was dispensed with.

Senator Waters of the 41st reported that the journal of yesterday's proceed ings had been examined and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

Senator Lambert of the 28th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutons.
2. First reading and reference of bills and resolutions

The consent was granted.
The following bill and resolutions were introduced, read the first time and referred to committees:

SB 1. By Senator Sanders of the 18th:
A bill to amend Code Section 34-3212 relating to the holding of primary elections; to repeal conflicting laws; and for other purposes.
Eeferred to Committee on Rules.

SR 4. By Senator McWhorter of the 50th:
A resolution proposing an amendment to the Constitution so as to pro vide for the number of Representatives in the House of Representatives

TUESDAY, APRIL 17, 1962

1349

of the General Assembly of Georgia; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to Committee on Rules.

SR 5. By Senator Conger of the 8th:
A resolution proposing an amendment to the Constitution so as to pro vide for the number of Senators and Representatives in the General Assembly of Georgia; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to Committee on Rules.

SR 6. By Senator Sanders of the 18th:
A resolution proposing an amendment to the Constitution so as to pro vide a method for determining the number of Representatives in the House of Representatives of the General Assembly of Georgia; to pro vide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to Committee on Rules.

Senator Veazey of the 19th moved that the Senate do now adjorn until 11:00 o'clock tomorrow, and the motion prevailed.

The president announced the Senate adjourned until 11:00 o'clock tomorrow morning.

1350

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia, Wednesday, April 18, 1962.

The Senate met pursuant to adjournment at 11:00 o'clock this morning, and was called to order by the president.

Scripture reading and prayer was offered by Dr. W. A. Tyson, Sr., retired Methodist evangelist, of Macon, Georgia.

By unanimous consent, the call of the roll was dispensed with.

Senator Waters of the 41st reported that the journal of yesterday's pro ceedings had been examined and found correct.

By unanimous conset, the reading of the journal was dispensed with, and the journal was confirmed.

Senator Knox of the 54th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions.
3. Second reading of bills and resolutions.

The consent was granted

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has adopted the following resolution of the House to wit:

HR 9. By Mr. Payton of Coweta:
A resolution requesting and urging the Governor to allow the employees of the Judicial and Executive branches of the State Government to have such legal holidays as may occur during the extraordinary session of the General Assembly commencing April 16, 1962; and for other purposes.

WEDNESDAY, APRIL 18,1962

1351

The following resolution was read and adopted:

SR 7. By Senator Persons of the 22nd:
A resolution extending best wishes for a speedy recovery to Mrs. George L. Smith II; and for other purposes.

The following bills were introduced, read the first time, and referred to committees:

SB 2. By Senator Overby of the 33rd:
A bill to amend an Act relating to the Senatorial Districts of the State so as to remove the provisions providing for the furnishing of Senators; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on Rules.

SB 3. By Senator Overby of the 33rd: A bill to repeal an Act entitled "An Act to regulate political primary elections for the nomination of candidates for the State Senate; to pro vide that such primary elections shall be held in the various Senatorial Districts only in the county entitled to furnish the nominee under the rotation system; and for other purposes.
Referred to Committee on Rules.
The following bills and resolutions were read the second time:

SB 1. By Senator Sanders of the 18th: A bill to amend Code Section 34-3212 relating to the holding of primary elections; to repeal conflicting laws; and for other purposes.
SR 4. By Senator McWhorter of the 50th: A resolution proposing an amendment to the Constitution so as to pro vide for the number of Representatives in the House of Representatives of the General Assembly of Georgia; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
SR 5. By Senator Conger of the 8th: A resolution proposing an amendment to the Constitution so as to provide for the number of Senators and Representatives in the General

1352

JOURNAL OF THE SENATE,

Assembly of Georgia; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

SR 6. By Senator Sanders of the 18th:
A resolution proposing an amendment to the Constitution so as to pro vide a method for determining the number of Representatives in the House of Representatives of the General Assembly of Georgia; to pro vide for the submission of this amendment for ratification or rejection; and for other purposes.

Senator Knox of the 64th moved that the Senate do now adjourn, and the motion prevailed.

The president announced the Senate adjourned until 10:00 o'clock tomorrow morning.

THURSDAY, APRIL 19, 1962

1353

Senate Chamber, Atlanta, Georgia, Thursday, April 19, 1962.

The Senate met pursuant to adjournment at 10:00 o'clock this morning and was called to order by the president.

Scripture reading and prayer was offered by Reverend Pat McGeachy, pastor First Presbyterian Church, Gainesville, Georgia.
By unanimous consent, the call of the roll was dispensed with.
Senator Knox of the 54th reported that the journal of yesterday's proceedings had been examined and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.
Senator Knox of the 54th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.

The consent was granted. The following resolution was read and adopted:

HR 9. By Mr. Payton of Coweta:
A resolution requesting and urging the Governor to allow the employees of the Judicial and Executive Branches of the State Government to have such legal holidays as may occur during the extraordinary session of the General Assembly commencing April 12, 1962; and for other purposes.

1354

JOURNAL OF THE SENATE,

The following bill was introduced, read the first time and referred to committee:

SB 4. By Senators Hart of the 53rd, Dykes of the 14th and Perry of the 49th:
A bill to amend Code Section 47-102, relating to the Senatorial Dis tricts of the State of Georgia, as amended, so as to provide for fiftythree Senatorial Districts; and for other purposes.

The following bills were read the second time:

SB 2. By Senator Overby of the 33rd:
A bill to amend an Act relating to the Senatorial Districts of the State so as to remove the provisions providing for the furnishing of Senators; to provide an effective date; to repeal conflicting laws; and for other purposes.

SB 3. By Senator Overby of the 33rd:
A bill to repeal an Act entitled "An Act to regulate political primary elections for the nomination of candidates for the State Senate; to pro vide that such primary elections shall be held in the various Senatorial Districts only in the county entitled to furnish the nominee under the rotation system; and for other purposes.

Senator Knox of the 54th moved that the Senate do now adjourn until 12:00 o'clock noon Monday, and the motion prevailed.

The president announced the Senate adjourned until 12:00 o'clock noon, Monday.

MONDAY, APRIL 23, 1962

1355

Senate Chamber, Atlanta, Georgia, Monday, April 23, 1962.

The Senate met pursuant to adjournment at 12:00 o'clock noon today and was called to order by the president.

Scripture reading and prayer was offered by Reverend Ayers Ward, pastor Hamilton Baptist Church, Hamilton, Georgia.
By unanimous consent, the call of the roll was dispensed with.
Senator Waters of the 41st reported that the journal of Thursday's pro ceeding had been examined and found correct.
By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

Senator Knox of the 54th asked unanimous consent that the following be .established as the order of business for today:
1. Introducton of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.
The consent was granted.
The following bill was read the second time:

SB 4. By Senators Hart of the 53rd, Dykes of the 14th and Perry of the 49th:
A bill to amend Code Section 47-102, relating to the Senatorial Districts of the State of Georgia, as amended, so as to provide for fifty-three Senatorial Districts; and for other purposes.

1356

JOURNAL OP THE SENATE,

Senator Knox of the 54th moved that the Senate do now adjourn unitl 11:00 o'clock tomorrow morning.

The president announced the Senate adjourned, at 12:47 o'clock p. m., until 11:00 o'clock tomorrow morning.

TUESDAY, APRIL 24, 1962

1357

Senate Chamber, Atlanta, Georgia, Tuesday, April 24, 1962.

The Senate met pursuant to adjournment at 11:00 o'clock this morning, and was called to order by the president.

Scripture reading and prayer was offered by Reverend Thomas M. Dews, pastor First Presbyterian Church, Thomaston, Georgia.
By unanimous consent, the call of the roll was dispensed with.
Senator Waters of the 41st reported that the journal of yesterday's pro ceedings had been examined and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

Senator Knox of the 54th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.
The consent was granted.

The following resolutions were read and adopted:

SR 8. By Senator Smalley of the 26th:
A resolution expressing regret to the family of David Johnson Arnold, a former member of the Georgia Senate, on the occasion of his death; and for other purposes.

1358

JOURNAL OP THE SENATE,

SR 9. By Senators Overby of the 33rd, Peterson of the 15th, Dykes of the 14th, Clary of the 29th, Grayson of the 1st and Blalock of the 36th:
A resolution expressing regret at the passing of H. R. Garrett; and for other purposes.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House to wit:

HB 1. By Messrs. Smith of Emanuel, Twitty of Mitchell, Underwood of Montgomery, Scoggin of Floyd, Pannell of Murray, McCracken of Jefferson:
A bill to provide that notwithstanding the provisions of Code section 34-3212, as amended, by an act approved Feb. 7, 1950, or any other law, the county unit vote of certain counties shall be as herein defined for certain primaries; to repeal conflicting laws; and for other purposes.

The following bills were introduced, read the first time, and referred to committee:

SB 5. By Senator Grayson of the 1st:
A bill relating to the holding of primary elections, as amended by an act approved February 7, 1950 (Ga. Laws 1950, p. 79), so as to provide for the allocation of county unit votes to be used in primary elections; and other purposes.
Referred to Committee on Rules.

SB 6. By Senators Brown of the 52nd and McWhorter of the 34th:
A bill to amend Code sections 34-3212 and 34-3213, as amended by an act approved February 7, 1950, (Ga. Laws 1950, p. 79), so as to provide for elections by popular vote; to repeal conflicting laws; and for other purposes.
Referred to Committee on Rules.

HB 1. By Messrs. Smith of Emanuel, Twitty of Mitchell, Underwood of Montgomery, Scoggin of Floyd, Pannell of Murray and McCracken of Jefferson:
A bill to provide that notwithstanding the provisions of Code section 34-3212, as amended, by an act approved February 7, 1950, or any other

TUESDAY, APRIL 24, 1962

1359

law, the county unit vote of certain counties shall be as herein defined for certain primaries; to repeal conflicting laws; and for other purposes.
Referred to Committee on Rules.

Senator Grayson of the 1st moved that the Senate do now adjourn, and the motion prevailed.

The president announced the Senate adjourned, at 12:10 p.m., until 10:00 o'clock tomorrow morning.

1360

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia, Wednesday, April 25, 1962.

The Senate met pursuant to adjournment at 10:00 o'clock this morning, and was called to order by the president.

Scripture reading and prayer was offered by Reverend C. P. Watson, Re tired Baptist Minister, Molena, Georgia.

By unanimous consent, the call of the roll was dispensed with.

Senator Waters of the 41st reported that the journal of yesterday's pro ceedings had been examined and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

Senator Knox of the 54th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.

The consent was granted.

The following message was received from the House through Mr. Ellard the Clerk thereof.
Mr. President:
The House has adopted the following resolution of the House to wit:

HR 29. By Messrs. Smith and Brooks of Fulton:
A resolution to the great American game of baseball that has been of lasting benefit to the American people.

WEDNESDAY, APRIL 25, 1962

1361

The following resolution was read and adopted:

HR 29. By Messrs. Smith and Brooks of Pulton:
A resolution relating to the great American game of Baseball has been of lasting benefit to all Americans.

The following bills and resolutions were introduced, read the first time, and referred to committee:

SB 7. By Senators Overby of the 33rd and McWhorter of the 50th:
A bill to repeal the laws regulating the nomination of candidates in political party primaries under the county unit system; and for other purposes.
Referred to Committee on Rules.

SB 8. By Senators McWhorter of the 34th and Brown of the 52nd:
A bill to amend Code Section 47-102, relating to the Senatorial Districts of the State, as amended, so as to provide for the composition of Sena torial Districts; and for other purposes.
Referred to Committee on Rules.

SR 10. By Senators Veazey of the 19th, Perry of the 49th, Hart of the 53rd, Mathews of the 48th, DeLoach of the 6th, Fitzpatrick of the 51st, Long of the 3rd, Seagraves of the 30th, Newton of the 17th, Warnell of the 2nd and Harrington of the 20th:
A resolution proposing an amendment to the Constitution so as to pro vide for the number of senators of the General Assembly of Georgia, and to provide for the terms of members of the General Assembly; and for other purposes.
Referred to Committee on Rules.

SR 11. By Senators Perry of the 49th, Hart of the 53rd, Warnell of the 2nd, Veazey of the 19th, Mathews of the 48th, Griner of the 45th, Raynor of the 4th, DeLoach of the 6th, Newton of the 17th, Fitzpatrick of the 51st, Harrington of the 20th and Seagraves of the 30th:
A resolution proposing an amendment to the Constitution so as to pro vide a method for determining the number of representatives in the House of Representatives of the General Assembly of Georgia; and other purposes.
Referred to Committe on Rules.

1362

JOURNAL OF THE SENATE,

The following bills were read the second time:

SB 5. By Senator Grayson of the 1st:
A bill relating to the holding of primary elections, as amended by an act approved February 7, 1950 (Ga. Laws 1950, p. 79), so as to provide for the allocation of county unit votes to be used in primary elections; and for other purposes.

SB 6. By Senators Brown of the 52nd and McWhorter of the 34th:
A bill to amend Code Sections 34-3212 and 34-3213, as amended by an act approved February 7, 1950 (Ga. Laws 1950, p. 79), so as to provide for elections by popular vote; to repeal conflicting laws; and for other purposes.

HB 1. By Messrs. Smith of Emanuel, Twitty of Mitchell, Underwood of Mont gomery, Scoggin of Floyd, Pannell of Murray, McCracken of Jefferson:
A bill to provide that notwithstanding the provisions of Code Section 34-3212, as amended, by an act approved Feb. 7, 1950, or any other law, the county unit vote of certain counties shall be as herein defined for certain primaries; to repeal conflicting laws; and for other purposes.
Mr. Whisnant of the 25th District, Secretary of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following bills and resolution of the House and Senate and has instructed me as Chairman, to re port the same back to the Senate with the following recommendations:
SB 5. Do Pass.
SR 5. Do Pass. HB 1. Do Pass by Substitute.
Respectfully submitted
Whisnant of 25th District,
Secretary.

The following general resolution, favorably reported by the committee, was read the third time, and put upon its passage:

WEDNESDAY, APRIL 25, 1962

1363

SR 5. By Senators Conger of the 8th, Veazey of the 19th and Hart of the 53rd:
A RESOLUTION

Proposing an amendment to the Constitution so as to provide for the number of Senators and Representatives in the General Assembly of Georgia; to provide for the submission of this amendment for rati fication or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Article III, Section II, Paragraph I of the Constitution and Article III, Section III, Paragraph I of the Constitution are hereby amended by striking each of said Paragraphs in their entirely and inserting in lieu thereof a new Paragraph I of Section II of Article III and a new Paragraph I of Section III of Article III to read, re spectively, as follows:

"Paragraph I. Number of Senators. The Senate shall consist of one member from each county in the State and a Senator from each county shall be elected for the 1965-66 term and for each term thereafter."

"Paragraph I. Number of Representatives. The House of Rep
resentatives shall consist of 205 Representatives to be apportioned as follows: Each county in the State shall have a minimum of one Representative. The remaining number of Representatives shall be elected from Representative Districts. The General Assembly, at its next regular session after the ratification of this amendment, shall divide the State into forty-six (46) Representative Districts with each such District having as nearly as practicable equal population. No county shall be divided so as to join with one or more other counties to compose a Representative District. A county within itself, however, may be divided so as to contain more than one Representative District. Representatives shall be elected under the above apportionment for the 1965-66 term and for each term thereafter until the apportionment is changed by the General As sembly as provided in Paragraph II of this Section."

Section 2. When the above proposed amendment to the Constitu tion shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"For ratification of amendment to the Constitution so as to pro-

1364

JOURNAL OP THE SENATE,

vide for the number of Senators and Representatives in the General Assembly of Georgia.

"Against ratification of amendment to the Constitution so as to provide for the number of Senators and Representatives in the General Assembly of Georgia."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all per sons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for the elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

Senators Hart of the 53rd and Perry of the 49th offered the following amendment:
By adding in the title thereof, after the words "General Assembly of Georgia;", the following words, "to provide for the terms of mem bers of the General Assembly;".
By renumbering Section 2 of said Resolution so that said Section shall be known as Section 3.
By adding a new Section 2 to read as follows:
"Section 2. Article III, Section IV, Paragraph I of the Constitu tion is hereby amended by striking said Paragraph in its entirety and inserting in lieu thereof a new Paragraph I to read as follows:
"Paragraph I. Terms of Members. The members of the House of Representatives shall be elected for two years, and shall serve until the time fixed by law for the convening of the next General Assembly. For the purpose of electing the members of the Senate in 1964, the county having the largest population, based on the United States Census of 1960, shall be designated as County No. 1, and the remaining counties shall be numbered correspondingly, based on population. In 1964 the Senators from the odd numbered counties shall be elected for four years and the Senators from the even numbered counties shall be elected for two years. There after all members of the Senate shall be elected for four years so that terms shall remain staggered."
By striking from Section 2 the following:
"For ratification of amendment to the Constitution so as to

WEDNESDAY, APRIL 25, 1962

1365

provide for the number of Senators and Representatives in the General Assembly of Georgia,
"Against ratification of amendment to the Constitution so as to provide for the number of Senators and Representatives in the General Assembly of Georgia."

and inserting in lieu thereof the following:

"For ratification of amendment to the Constitution so as to provide for the number of Senators and Representatives in the General Assembly of Georgia, and to provide for the terms of office.
"Against ratification of amendment to the Constitution so as to provide for the number of Senators and Representatives in the General Assembly of Georgia, and to provide for the terms of office."

On the adoption of the amendment, the ayes were 25, nays 8, and the amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended:

The resolution proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Braly Clanton Clary Conger Dailey DeLoach Dews Dykes Fitzpatrick Grayson Green Griner

Harrington Hart Ingram Jones Kelly Knox Lambert Long Mathews Miller McKenzie of 12th Newton

Perry Peterson Ponsell Raynor Seagraves Staples Towson Veazey Warnell Waters Whisnant White

Those voting in the negative were Senators:

Ayers Bell Brown Gardner Harden

Jackson McKenzie of 13th McWhorter of 50th Overby Owens

Persons Sanders Smalley

1366

JOURNAL OF THE SENATE,

The roll call was verified.

On the adoption of the resolution, the ayes were 36, nays 13.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted as amended.

Senator Gardner of the 47th gave notice that at the proper time he would move that the Senate reconsider its action on SR 5.

Senator Towson of the 16th moved that the Senate do now adjourn until 9:00 o'clock tomorrow morning, and the motion prevailed.

The president announced the Senate adjourned, at 12:40 P.M., until 9:00 o'clock tomorrow morning.

THURSDAY, APRIL 26, 1962

1367

Senate Calendar, Atlanta, Georgia, Thursday, April 26, 1962.

The Senate met pursuant to adjournment at 9:00 o'clock this morning, and was called to order by the president.

Scripture reading and prayer was offered by Dr. Fred E. Smith, retired Baptist minister, Lawrenceville, Georgia.

By unanimous consent, the call of the roll was dispensed with.

Senator Dews of the 9th reported that the journal of yesterday's proceed ings had been examined and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.
Senator Knox of the 54th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.
The consent was granted.
The following bills and resolutions were read the second time:

SB 7. By Senators Overby of the 33rd and McWhorter of the 50th:
A bill to repeal the laws regulating the nomination of candidates in political party primaries under the county unit system; and for other purposes.

1368

JOURNAL OP THE SENATE,

SB 8. By Senators McWhorter of the 34th and Brown of the 52nd:
A bill to amend Code Section 47-102, relating to the Senatorial Dis tricts of the State, as amended, so as to provide for the composition of Senatorial Districts; and for other purposes.

SR 10. By Senators Veazey of the 19th, Perry of the 49th, Hart of the 53rd, Mathews of the 48th, DeLoach of the 6th, Fitzpatrick of the 51st, Long of the 3rd, Seagraves of the 30th, Newton of the 17th, Warnell of the 2nd and Harrington of the 20th:
A resolution proposing an amendment to the Constitution so as to provide for the number of senators of the General Assembly of Geor gia, and to provide for the terms for members of the General Assem bly; and for other purposes.

SR 11. By Senators Perry of the 49th, Hart of the 53rd, Warnell of the 2nd, Veazey of the 19th, Mathews of the 48th, Griner of the 45th, Raynor of the 4th, DeLoach of the 6th, Newton of the 17th, Fitzpatrick of the 51st, Harrington of the 20th and Seagraves of the 30th:
A resolution proposing an amendment to the Constitution so as to provide a method for determining the number of representatives in the House of Representatives of the General Assembly of Georgia; and for other purposes.

The following general bill, favorably reported by the committee, was read the third time, and put upon its passage:

HB 1. By Messrs. Smith of Emanuel, Twitty of Mitchell, Underwood of Montgomery, Scoggin of Floyd, Pannell of Murray and McCracken of Jefferson:
A bill to provide that notwithstanding the provisions of Code Section 34-3212, as amended, by an act approved February 7, 1950, or any other law, the county unit vote of certain counties shall be as herein defined for certain primaries; to repeal conflicting laws; and for other purposes.

Senator Grayson of the 1st asked unanimous consent to withdraw Rules Committee substitute 1 and consider Rules Committee substitute 2.

The consent was granted.

The Committee on Rules offered the following substitute:
A BILL
To be entitled an act to amend Code Sections 34-3212 and 34-3213, relating to the holding of primary elections and relating to the holding

THURSDAY, APRIL 26, 1962

1369

of second primary elections in the event no candidate receives a ma jority of the county unit votes at the first primary election, as amended by an Act approved February 7, 1950 (Ga. Laws 1950, p. 79), so as to provide for the distribution of county unit votes to be used in primary elections; to provide for the date of primary elections; to provide for second primary elections in the event no candidate receives a majority of the county unit votes and to establish the procedure therefor; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Code Section 34-3212, relating to the holding of primary elections, as amended by an Act approved February 7, 1950 (Ga. Laws 1950, p. 79), is hereby amended by striking said Section in its entirety and inserting in lieu thereof a new Section 34-3212 to read as follows:

"Section 34-3212. Whenever any political party in this State shall hold a primary election for nomination of candidates for United States Senator, Governor, Lieutenant Governor, State House Officers, Justices of the Supreme Court, and Judges of the Court of Appeals, such party or its authorities shall cause all candidates for nominations for said offices to be voted for on one and the same day throughout the State, which day shall be on the second Wednesday in September of each year in which there is a regular general election. It shall be the duty of the Chairman of the county executive committee of the political party holding such
primary election to certify, within five (5) days from the date thereof, the number of popular votes received by each candidate in such county to the Chairman and Secretary of the State Executive Committee of such political party, and such Chairman and Secre tary of such political party shall prorate the votes of each candidate on the county unit basis determined as follows: Each county in the State shall have two (2) unit votes for each 10,000 population or fraction thereof, according to the United States Decennial Cen sus of 1960 and according to each future such census as soon as the results thereof have been officially declared. Each candidate for each office, hereinbefore named, shall receive that percentage of each county's unit votes, carried to the nearest one-tenth of one county unit vote, which his popular votes in such county bear to the total number of popular votes cast for all the candidates for such office in such county: Provided that in the event the proration of such county unit votes among the candidates on the above basis does not equal the total number of county unit votes to which such county is entitled, the candidate receiving the greatest num ber of popular votes in said county shall receive the remaining por tion of the unit vote of such county. The Chairman and Secretary of such political party shall cause to be published at least one time in a newspaper published at the Capital of the State, within ten days of such primary, a certified listing of the popular vote re ceived by each candidate for each office, and of the county unit vote of each candidate, by counties. The candidates for said offices, respectively, who receive a majority of all the county unit votes, throughout the entire State, upon the basis above set forth, shall be declared by the State convention of the party holding such pri-

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mary, or the permanent chairman thereof, or other party author ity, without the necessity of a formal ballot, to be the nominees of such party for the above named offices, respectively, and it shall be the duty of the State Executive Committee elected or appointed at such convention, or by its authority, or the chairman or secre tary thereof, or other authority of such party, to see to it that the names of all such successful candidates are placed upon the tickets or ballots of such party at the general election following such pri mary, and such successful candidates shall be considered, deemed and held as the duly nominated candidates for the offices named of such party: Provided, that, in the event there are only two candi dates for any particular office referred to in this section and it should appear, after the consolidation of all the county unit votes throughout the State, that each of said candidates have received an equal number of county unit votes, the one of said candidates who shall have received in said primary election a majority of the popular votes throughout the State shall be declared by the State convention of the party holding such primary, or the permanent chairman thereof, or other party authority, without the necessity of a formal ballot, to be the nominee of such party for such office, and it shall be the duty of the State Executive Committee elected or appointed at such convention, or by its authority, or the chairman or secretary thereof, or other authority of such party, to see to it that the name of such successful candidate is placed upon the tickets or ballots of such party at the general election following such primary, and such successful candidates shall be considered, deemed and held as the duly nominated candidate of such party for the office named; provided, further, that if no convention of such party is called or held, the declaration of the result shall be made in such manner as may be prescribed by the State committee or other authority of such party."

Section 2. Code Section 34-3213, relating to the holding of second primary elections in the event no candidate receives a majority of the county unit votes at the first primary election, as amended by an Act approved February 7, 1950 (Ga. Laws 1950, p. 79), is hereby amended by striking said Section in its entirety and inserting in lieu thereof a new Section 34-3213 to read as follows:
"Section 34-3213. In the event that, after such consolidation of all the county unit votes throughout the State, it shall be made to appear that in the contest for any one or more of said offices, no candidate has received a majority of all of the county unit votes throughout the State, upon the basis as above set forth, and it shall further appear that there are more than two candidates for any one or more of said offices, such political party shall hold a second primary election throughout the State on a day fixed by the State executive committee of the political party holding such primary election, following such first primary election, and in such second primary election only the two candidates ascertained to have received the highest number of county unit votes at the first primary election for any particular office shall be voted for; and the vote shall be consolidated and the result declared and certified within 10 days after said second primary election, and published at least one time in a newspaper published at the Capital

THURSDAY, APRIL 26, 1962

1371

within three days after the completion of such consolidation, certi fied under the hands and seals of said chairman or secretary; and the candidate who shall receive a majority of the county unit votes throughout the State shall be declared by the State convention of the party holding such primary, or the permanent chairman thereof, or other party authority, without the necessity of a formal ballot, to be the nominee of such party for the particular office for which he is a candidate; and it shall be the duty of the State executive committee elected or appointed at such convention, or by its authority, or the chairman or secretary thereof, or other authority of such party, to see to it that the names of all such successful candidates shall be placed upon the tickets or ballots of such party at the general election following such primary, and such successful candidates shall be considered, deemed and held to be the duly nominated candidates of such party for the offices
named: Provided, that if both candidates for any office in said second primary election shall receive an equal number of county unit votes, after the consolidation of all the county unit votes of all the counties, then said State convention or the perma nent chairman thereof, or the secretary thereof, or other au thority of such party, shall declare the candidate receiving the majority of the popular votes cast the regular nominee of such party for that particular office; provided, further, that if no con vention of such party shall be called or held, the declaration of the result shall be made in such manner as may be prescribed by the State committee or other authority of such party; provided, further, that said second primary election shall not affect the nomination of any candidate or candidates for any one of said offices who shall have received a majority of the county unit votes at the first primary election, and said second primary election shall be held only for the purpose of deciding contests for offices in which no candidates shall have received a majority of the county unit votes at the first primary election; provided, further, that in the event there shall be more than two candidates in the first primary and any two candidates should tie in said first primary for the next or second highest number of county unit votes received, the candidate who shall receive the highest number of popular votes in said first primary, as between said two candidates so tying, shall make the contest in said second primary, against the candidate who shall have received in the first primary the highest number of county unit votes; and in the event any three or more candidates should tie in said first primary for the highest number of county unit votes, the two candidates (among said candidates so tying for the highest number of county unit votes) who shall have received the highest number of popular votes in said first primary, shall make the contest against each other in said second primary. The date for such second primary election shall be fixed by the committee not less than seven (7) nor more than thirty (30) days before the date on which said primary election is to be held."

Section 3. This Act shall become effective immediately upon its approval by the Governor or upon its otherwise becoming law.

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

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JOURNAL OP THE SENATE,

On the adoption of the substitute, the ayes were 39, nays 5, and the substi tute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, the ayes were 41, nays 7.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Knox of the 54th asked unanimous consent that HB 1 be immediate ly transmitted to the House.

The consent was granted.

The House has adopted the following resolutions of the House to-wit:

HR 31. By Mr. Jordan of Calhoun: Commending the Edison High School Trio; and for other purposes.
HR 32. By Messrs. Smith of Emanuel and Twitty of Mitchell: A resolution creating a General Assembly Committee on Reapportionment; defining its membership, powers, and duties; and for other pur poses.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has disagreed to the Senate substitute to the following bill of the House:
HB 1. By Messrs. Smith of Emanuel, Twitty of Mitchell and others: A bill to amend an act relating to the holding of primary elections, to allocate county unit votes on the basis of population; to provide for tabulation thereof in primary elections; and for other purposes.

THURSDAY, APRIL 26, 1962

1373

The following bill of the House was taken up for the purpose of considering House action thereto:

HB 1. By Messrs. Smith of Emanuel, Twitty of Mitchell and others:
A bill to amend an act relating to the holding of primary elections; to allocate county unit votes on the basis of population; to provide for tabulation thereof in primary elections; and for other purposes.

Senator Towson of the 16th moved that the Senate insist on its position, and that a Committee of Conference be appointed.

On the motion, the ayes were 32, nays 0, and the motion prevailed.

The president appointed as a Committee of Conference on the part of the Senate:
Senators Conger of the 8th, Ingram of the 42nd and Knox of the 54th.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House insists on its position on the following bill of the House to-wit:

HB 1. By Messrs. Twitty of Mitchell, Smith of Emanuel, and others: A bill to provide that notwithstanding the provisions of Code Section 34-3212 as amended, or any other law, the county unit vote of certain counties shall be as herein defined for certain primaries; and for other purposes.
and has appointed as a Committee of Conference the following:
Messrs. Twitty of Mitchell, McCracken of Jefferson, and Underwood of Montgomery.

The following resolutions were read and adopted:

SR 12. By Senator Knox of the 54th: A resolution relative to mileage; and for other purposes.

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JOURNAL OP THE SENATE,

HE 31. By Mr. Jordan of Calhoun:
A resolution commending the Edison High School Trio; and for other purposes.

The following bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereto:

HB 1. By Messrs. Smith of Emanuel, Twitty of Mitchell and others:
A bill to amend an act relating to the holding of primary elections; to allocate county unit votes on the basis of population; to provide for tabulation thereof in primary elections; and for other purposes.

Senator Knox of the 54th reported that the Committee of Conference could not agree and moved that the Committee of Conference be dissolved and that another Committee of Conference be appointed.

On the motion, the ayes were 42, nays 2, and the motion prevailed.

The president appointed as a second Committee of Conference, Senators Towson of the 16th, Ingram of the 42nd and Miller of the 40th.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The Speaker has appointed as a second Committee of Conference on the fol lowing bill of the House:

HB 1. By Messrs. Smith of Emanuel, Twitty of Mitchell, and others:
A bill to amend an act relating to the holding of primary elections; to allocate county unit votes on the basis of population; to provide for tabulation thereof in primary elections; and for other purposes.

The Speaker has appointed on the part of the House as a second Committee of Conference the following:

Messrs. Twitty of Mitchell, McCracken of Jefferson and Underwood of Montgomery.

THURSDAY, APRIL 26, 1962

1375

Senator Waters of the 41st, Chairman of the Committee on Senate Admin istrative Affairs, submitted the following report:

Mr. President:

Your Committee on Senate Administrative Affairs has read and examined the following bills and/or resolutions of the Senate and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for trans mission to the House of Representatives:
SR 5.
Respectfully submitted,
Waters of the 41st District,
Chairman.

Senator Staples of the 37th moved that the Senate do now adjourn until 9:00 o'clock tomorrow morning, and the motion prevailed.

The president announced the Senate adjourned until 9:00 o'clock tomorrow morning.

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JOURNAL OP THE SENATE,

Senate Calendar, Atlanta, Georgia, Friday, April 27, 1962.

The Senate met pursuant to adjournment at 9:00 o'clock this morning, and was called to order by the president.

Scripture reading and prayer was offered by Dean William M. Suttles, Dean of Students, Georgia State College, Atlanta, Georgia.

The roll was called, and the following senators answered to their names:

Ayers Bell Blalock Braly Brown Clary Conger Dailey DeLoach Dews Dykes Fitzpatrick Gardner Grayson Griner Harden

Harrington Hart Ingram Johnson Jones Kelly Knox Lambert Long Mathews Miller McKenzie of 13th McWhorter of 34th McWhorter of 50th Newton Overby

Owens Perry Persons Peterson Ponsell Raynor Sanders Seagraves Smalley Staples Towson Veazey Warnell Waters Whisnant White

Senator Waters of the 41st reported that the journal of yesterday's pro ceedings had been examined and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

Senator Knox of the 54th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.

FRIDAY, APRIL 27, 1962

1377

The consent was granted.

Pursuant to a call from His Excellency, Governor S. Ernest Vandiver, for a joint session of the Senate and House, the president, accompanied by the secretary and the senators, proceeded to the Hall of the House of Representatives, and the joint session called for the purpose of hearing an address by His Excellency, the Governor, was called to order by the president.

Honorable Garland T. Byrd introduced His Excellency, Governor S. Ernest Vandiver.
The Governor addressed the General Assembly with the following remarks:
MISTER PRESIDENT, MISTER SPEAKER AND GENTLEMEN OF THE SENATE AND HOUSE OF REPRESENTATIVES:
We meet here at this critical hour, confronted by events which may well alter the course of history in this state, within a matter of minutes.
The Attorneys representing the State of Georgia, and the Demo cratic Party of Georgia will appear before a three-judge court, in which pleadings have been filed which seek to destroy the county unit system of primary elections, which has been traditional in our State of Georgia, since it became a State in this Union.
Our lawyers are faced with the dilemma of defending this suit, without weapons, without armor, naked and alone.
Unless this General Assembly, both House and Senate, can achieve a measure of unanimity our battle may very well be lost.
When the people elected me as their servant during this critical period of our history, I pledged in solemn fashion, that I would do all within my power to preserve, protect and defend the county unit system. That I have done.
When eminent danger to the county unit system appeared on the horizon in spector of the Tennessee case, I conferred with legal, legisla tive, state and community leaders as to which course we would take, and after careful consideration, I concluded that because of the extra ordinary circumstances in this extra-ordinary period of history that I should call an extraordinary session of the General Assembly to meet this problem head on.
The call was issued. I addressed this General Assembly on the first day of the session, and laid out to you as plainly as I could, the diffi culties that confronted us.
We have been in session 11 days. The hour of decision is at hand.

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JOURNAL OF THE SENATE,

It is inconceivable to me that this General Assembly, which has met and solved the most difficult problems in our States history, would, at this juncture, throw up their hands and cast away the destiny of this State by turning over without a struggle the liquidation of the county unit system to the federal judiciary.

If such were the case, the courage which you have displayed in the past, would today become a mockery.

On many occasions I have stated that this General Assembly has been the finest and the most courageous in the history of Georgia. That I still believe--and I urge, I implore, that you now again display that splendid courage in this crisis-ridden hour that you have shown hereto fore.

The question immediately before you is whether those who are defending us on the field of legal battle will be afforded that weapon and instrument of defense which only you can supply.

The House has passed and sent to the Senate one proposal. I am advised that the Senate favored a bill of its own making.

While the Senate now accedes to the allocation formula proposed by the House, the basic disagreement appears to be a desire of the Senate to provide for proration of unit votes.

To meet this impasse, our lawyers have submitted an alternative which satisfies, so far as possible, the wishes of both Houses.

This measure would utilize the allocation formula of the House Bill.

In order to accomplish the same general objective of the Senate version, the bill provides that a candidate for Governor, Senator, or any Statehouse office cannot be nominated in the first primary unless such candidate receives a majority of both the popular and county unit votes.

Failing to so do, the bill provides for a second primary on a county unit basis between the candidate receiving in the first primary, the highest county unit vote and the candidate receiving the highest popular vote, respectively.

This provision minimizes the disrupting influences of splinter or spurious candidates.

The lawyers assure us that this is the strongest bill which has been considered.

It represents all of our best efforts--the lawyers, the lieutenant governor, the speaker, members of the house and senate and others who have volunteered their efforts.

Right here: I want to commend you honestly and sincerely for your

FRIDAY, APRIL 27, 1962

1379

good spirit at this session. Even though the gravity of the situation might be productive of frayed tempers, you have demonstrated your mettle; your good faith, your good judgment without any rancor or bitterness.

Every revision that thus far has been made in the bill, I feel, has been for the better.

I will tell you quite frankly that my objective in calling you here has been to achieve some legislation that will stand up not only in 1962, but in the years to follow.

I urge you, the General Assembly of Georgia to answer this call to crisis, to come forth immediately with a measure that is in complete harmony and accord with the principles and objectives of fairness, reasonableness, and rationality.

Let us proceed in harmony to strengthen the Neill Primary Act in accordance with our historic doctrine and our time-honored concept of well-ordered liberty, and checks upon tyrannical rule from any and every quarter.

The hour is late. The Court sits in less than an hour. The time for action is now.

Partisan political interests should be cast aside. How this measure would affect one candidacy or another should not enter into your de liberations. The hour is too grave. Times are too serious, to chart our course across the sea of political expediency. Indeed our destiny, our
future history, is in your hands.

I am sure that you will accept the challenge.

The joint session was dissolved and the senators returned to the Senate and resumed the regular order of business.
The following bill of the House was taken up for the purpose of considering the report of the second Committee of Conference thereto:
HB 1. By Messrs. Smith of Emanuel, Twitty of Mitchell and others: A bill to amend an act relating to the holding of primary elections; to allocate county unit votes on the basis of population; to provide for tabulation thereof in primary elections; and for other purposes.

1380

JOURNAL OF THE SENATE,

The report of the Committee of Conference was as follows:

Mr. President:

Your Committee on Cenference having met, begs to submit the fol lowing report to-wit:

1. That the Senate recede from its position on Senate Substitute for HB 1.

2. That the House recede from its position on HB 1.

3. That the bill attached hereto, which is the result of the Confer ence Committee's study, be adopted by the House and Senate.

Respectfully submitted:
On the Part of the Senate: Towson of 16th Miller of 40th Ingram of 42nd
On the Part of the House:
Twitty of Mitchell McCracken of Jefferson Underwood of Montgomery

A BILL
To be entitled an Act to amend Code Section 34-3212, as amended by an Act approved February 7, 1950 (Ga. Laws 1950, p. 79), relating to the holding of primary elections, so as to allocate county unit votes on the basis of population; to provide for tabulation thereof in primary elections; to provide for run-off elections in certain instances; to amend Code Section 34-3213, as amended by the aforesaid Act, relating to run off primary elections so as to redefine in what instances such run-off primary elections must be held; to provide a method for nominating candidates in party primaries; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 34-3212, as amended by an Act approved February 7, 1950 (Ga. Laws 1950, p. 79), relating to the holding of pri mary elections and the tabulation of votes therein, is hereby amended by striking said section, as amended, and by substituting in lieu thereof the following:
"Section 34-3212. (a) Whenever any political party in this state shall hold a primary election for nomination of candidates for United States Senator, Governor, Lieutenant Governor, Statehouse officers, Justices of the Supreme Court, and Judges of the Court

FRIDAY, APRIL 27, 1962

1381

of Appeals, such party or its authorities shall cause all candidates for nominations for said offices to be voted for on one and the same day each year in which there is a regular general election, on such day as now or hereafter may be prescribed by law. Candidates for nominations to the above named offices who receive, respectively, the highest number of popular votes in any given county shall be considered to have carried such county, and shall be entitled to the full vote of such county on the county unit basis as more fully here inafter set forth.

(b) County unit votes shall be allocated among the several counties of this State in accordance with the following bracket system.

Population of County
0-- 15,000 16,001-- 20,000 20,001-- 30,000 30,001-- 45,000 45,001-- 60,000 60,001-- 90,000 90,001--120,000 120,001--150,000 150,001--180,000 180,000--210,000 210,001--240,000 240,001--270,000 270,001--300,000 300,001--330,000 330,001--360,000 360,001--390,000 390,001--420,000 420,001--450,000 450,001--480,000 480,001--510,000 510,000--540,000 640,001--570,000 570,001--600,000 600,001--630,000 630,001--660,000 660,001--690,000 690,001--720,000

Unit Votes
2 3 4 5 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 44 46 48 50

and for each 30,000 population in excess of 720,000 said county shall be entitled to an additional (2) unit votes.
The county unit votes hereinbefore allocated shall be allocated according to the latest federal decennial census, or any future fed eral decennial census as officially published from time to time.
(c) If in any county any two or more candidates should tie for the highest number of popular votes received, the county unit vote of such county shall be equally divided between the candidates so trying. All such county unit votes shall within 10 days after such

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JOURNAL OF THE SENATE,

primary be accurately consolidated by the chairman and secretary of the State committee of the political party holding such primary, and published at least one time in a newspaper published at the Capital, within three days after the completion of the consolidation, certified under the hands and seals of said chairman and secretary; and the candidates for said offices, respectively, who shall receive a majority of all the county unit votes, throughout the entire State, upon the basis above set forth, shall be declared by the State con vention of the party holding such primary, or the permanent chair man thereof, or other party authority, without the necessity of a formal ballot, to be the nominee of such party for the above named offices, respectively, and it shall be the duty of the State executive committee elected or appointed at such convention, or by its author ity, or the chairman or secretary thereof, or other authority of such . party, to see to it that the names of all such successful candidates shall be placed upon the tickets or ballots of such party at the gen eral election following such primary, and such successful candidates shall be considered, deemed and held as the duly nominated candi dates of such party for the offices named: Provided, that in the event there are only two candidates for any particular officer re ferred to in this section, and it shall appear, after the consolidation
of all the county unit votes throughout the State, that said candi dates have received an equal number of county unit votes, the one who shall have received a majority of the popular votes shall be declared by the State convention of the party holding such primary, or the permanent chairman thereof, or other party authority, with out the necessity of a formal ballot, to be the nominee of such party for such office; and provided, however (except as hereinabove pro vided in case of a tie in unit votes) no political party holding a state wide primary for the nomination of candidates named in this Sec tion, as amended, shall declare any candidate for any such office the nominee of said party for such office unless such candidate shall have received in the primary a majority of all the county unit votes as hereinbefore provided for, and also a majority of all the popular votes cast in such primary. If no such candidate shall receive a majority of the county unit votes and also a majority of the popular votes cast is such primary, there shall be a second primary election for such office held in the manner provided in Section 34-3213, as amended, between the candidate receiving the greatest number of county unit votes and the candidate receiving the greatest number of popular votes, but if the candidate receiving the greatest number of county unit votes also received the greatest number of popular votes, then the run-off shall be held between the candidates re ceiving the greatest number of county unit votes and the candidates receiving the next greatest number of popular votes. The results of such run-off primary election shall be determined and given effect as provided in said Section 32-3213, as amended.

(d) It shall be the duty of the State executive committee elected or appointed at such convention, or by its authority, or the chairman or secretary thereof, or other authority of such party, to
see to it that the name of such successful candidate is placed upon the tickets or ballots of such party at the general election following such primary, and such successful candidate shall be considered, deemed and held as the duly nominated candidate of such party for

FRIDAY, APRIL 27, 1962

1383

the office named: Provided, further, that if no convention of such party shall be called or held, the declaration of the result shall be made in such manner as may be prescribed by the State committee or other authority of such party."

Section 2. Code Section 34-3213, as amended by the aforesaid Act of 1950, relating to run-over primary elections, is hereby amended by
striking said section, as amended, and by inserting in lieu thereof the following:
"Section 34-3213. In the event that a run-off primary is re quired as provided in Section 34-3212, as amended, such political party shall hold a second primary throughout the State on a day fixed by the State Executive Committee of the political party hold ing such primary, and such run-off primary shall be held between the candidates as provided in Code Section 34-3212, as amended. The vote in such run-off primary shall be consolidated and the re sult declared and certified within 10 days after said second primary election, and published at least one time in a newspaper published at the Capitol within three days after the completion of such con solidation, certified under the hands and seals of said chairman or secretary, and the candidate who shall receive a majority of the county unit votes throughout the State shall be declared by the State convention of the party holding such primary, or the perma nent chairman thereof, or other party authority, without the neces sity of a formal ballot, to be the nominee of such party for the particular office for which he is a candidate: and it shall be the duty of the State Executive Committee elected or appointed at such convention, or by its authority, or the chairman or secretary thereof, or other authority of such party, to see to it that the names of all such successful candidates shall be placed upon the tickets or ballots of such party at the general election following such primary, and such successful candidates shall be considered, deemed and held to be the duly nominated candidates of such party for the office named: Provided, that if both candidates for any office in said second pri mary election shall receive an equal number of county unit votes, after the consilidation of all the county unit votes of all the counties, then said State convention or the permanent chairman thereof, or the Secretary thereof, or other authority of such party, shall de clare the candidate receiving the majority of the popular votes cast the regular nominee of such party for that particular office: Pro vided, further, that if no convention of such party shall be called or held, the declaration of the result shall be made in such manner as may be prescribed by the State committee or other authority of such party."

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the report of the Committee of Conference, Senator Conger of the 8th called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

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JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Ayers Bel] Blalock Braly Clary Conger Dailey DeLoach Dews Pitzpatrick Gardner Grayson Green Griner

Harden Harrington Ingram Jackson Johnson Jones Kelly Knox Lambert Long Miller McKenzie of 12th MeKenzie of 13th Newton

Overby Persons Ponsell Sanders Seagraves Staples Towson Veazey Warnell Waters Whisnant White

Those voting in the negative were Senators:

Brown Clanton Dykes Hart

Mathews Mitchell McWhorter of 34th McWhorter of 50th

Owens Perry Peterson Smalley

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the report of the Committee of Conference, the ayes were 40, nays 12, and the report of the Committee of Conference was adopted.

The following resolution was read:

HR 32. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A resolution creating a General Assembly Committee on Reapportionment; defining its membership, powers, and duties; and for other purposes.

Senator Gardner of the 47th offered the following amendment:
Amend HR 32 by striking the following language on page 2, towit: "two members of the Senate" and inserting in lieu thereof the following language, towit: "four members of the Senate."
And by striking the words seventeen (17) on page 2 and inserting in lieu thereof the words nineteen (19).

The amendment was adopted.

FRIDAY, APRIL 27, 1962

1385

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has adopted the second Conference Committee's report on the following bill of the House:

HB 1. By Messrs. Twitty of Mitchell and Smith of Emanuel, and others:
A bill to amend an act relating to the holding of primary elections; and for other purposes.

On the adoption of the resolution, as amended, Senator Overby of the 33rd called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Those voting in the affirmative were Senators:

Ayers Braly Brown Clary Gardner Harden Ingram

Jackson Jones Kelly Knox Lambert Miller McWhorter of 34th

Owens Persons Sanders Towson Waters Whisnant

Those voting in the negative were Senators:

Bell Blalock Conger Dailey DeLoach Dews Dykes Fitzpatrick Grayson Green Griner

Harrington Hart Johnson Long Mathews Mitchell McKenzie of 12th McKenzie of 13th McWhorter of 50th Newton Overby

Perry Peterson Ponsell Raynor Seagraves Smalley Staples Veazey Warnell White

By unanimous consent, verification of the roll call was dispensed with.

1386

JOURNAL OP THE SENATE,

On the adoption of the resolution, the ayes were 20, nays 32, and the reso lution was lost.

The following resolution was read and adopted:

SR 13. By Senator Knox of the 54th and Mitchell of the 43rd:
A resolution relative to personnel and committees; and for other pur poses.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has adopted the following resolution of the House to wit:

HR 42. By Messrs. Smith of Emanuel, and Twitty of Mitchell: A resolution adjourning the General Assembly; and for other purposes.

The following resolution was read:

HR 42. By Messrs. Smith of Emanuel and Twitty of Mitchell: A resolution adjourning the General Assembly; and for other purposes.

Senator Grayson of the 1st offered the following substitute:

By Grayson of the 1st.

A RESOLUTION

BE IT RESOLVED, by the Senate, House of Representatives con curring :

That the General Assembly recess at 2:45 P.M. on April 27, 1962, and stay in recess subject to a call to reconvene by the Presiding Of ficers of both Houses, pending a determination of the cases now pend ing in the Federal Court with respect to re-apportionment and the manner and method of holding Democratic Primaries in Georgia.

No member of the General Assembly shall receive per diem or ex penses during any such recess except as provided in hold over resolu tion and working committees.

FRIDAY, APRIL 27, 1962

1387

On the adoption of the substitute, Senator Conger of the 8th called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Ayers
Bell Braly Clanton Clary Conger DeLoach Dews
Dykes Fitzpatrick Gardner Grayson Green Harden

Harrington
Hart Jackson Johnson Jones Kelly Lambert Long
Mathews Miller Mitchell McKenzie of 12th MeKenzie of 13th McWhorter of 34th

McWhorter of 50th
Newton Overby Owens Perry Persons Peterson Ponsell
Raynor Sanders Seagraves Staples Veazey White

Those voting in the negative were Senators:

Blalock Griner Ingram

Knox Smalley Warnell

Waters Whisnant

On the adoption of the substitute, the ayes were 42, nays 8, and the substi tute was adopted.

The resolution was adopted by substitute.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has adopted the following resolution of the House to wit:

HE 43. By Messrs. Twitty of Mitchell and Smith of Emanuel: A resolution that the General Assembly do adjourn sine die Friday, April 27, 1962, at 3:15 P.M.
Senator Veazey of the 19th moved that the Senate recess until 12:00 noon, Monday, April 30th, and the motion prevailed.

1388

JOURNAL OF THE SENATE,

The following proclamation from His Excellency, the Governor, was read by the secretary:
A PROCLAMATION BY HIS EXCELLENCY
GOVERNOR S. ERNEST VANDIVER OF
THE STATE OF GEORGIA ADJOURNING AN EXTRAORDINARY SESSION OF THE
GENERAL ASSEMBLY OF GEORGIA

WHEREAS: The General Assembly of Georgia is now in extraor dinary session pursuant to Proclamation of the Governor dated April 5, 1962; and

WHEREAS: The House of Representatives, by Resolution adopted this date (HR 43), has voted to adjourn sine die; and

WHEREAS: The Senate, by a substitute Resolution adopted this date voted to recess subject to the call of the President of the Senate and Speaker of the House; and

WHEREAS: The House of Representatives did on this date dis agree to the Senate substitute; and

WHEREAS: There appears to be a disagreement between the two houses as to whether the General Assembly should adjourn sine die or recess; and

WHEREAS: Article III, Section VII, Paragraph XXII of the Constitution of Georgia provides in pertinent part that "in case of dis agreement between the two houses, on a question of adjournment, the Governor may adjourn either, or both of them; and

WHEREAS: Rule 88 of the House of Representatives and Rule 84 of the Senate also provide in pertinent part that "in case of dis agreement between the two houses, on a question of adjournment, the Governor may adjourn either, or both of them"; and

WHEREAS: I find and conclude that there is a substantial dis agreement between the House and Senate on the question of adjourn ment and that it is deemed advisable and prudent in the best interest of the people of Georgia for the present session of the General Assem bly to stand adjourned; now

THEREFORE: Under and by virtue of the power and authority conferred upon me by the Constitution of Georgia, Article III, Section VII, Paragraph XXII, I, S. Ernest Vandiver, Governor of Georgia, do

FRIDAY, APRIL 27, 1962

1389

hereby declare and order that the present session of the General As sembly of Georgia, both the House and Senate, be and the same is hereby adjourned sine die at 3:45 P.M., Eastern Standard Time this date.

Given under my hand and the Great Seal of the State of Georgia, at the city of Atlanta, on this 27th day of April, in the year of our Lord, one thousand nine hundred and sixty-two.

/s/ S. ERNEST VANDIVER, Governor.

BY THE GOVERNOR:
/s/ BEN W. FORTSON, JR., Secretary of State.

Pursuant to the executive order of His Excellency, the Governor, the Senate stood adjourned at 3:45 P.M.

Senate Journal 1962
Extraordinary Session
Part I--Alphabetical Index Part II--Senate Bills and Resolutions Part III--House Bills and Resolutions

1458

INBEX

PART I ALPHABETICAL INDEX
(For numerical index, see Page 1461)

Address; Vandiver, Governor S. Ernest----.--_--.___--__--___--------------1332, 1377 Adjournment of General Assembly, HR 42_.----_.---_---.-----_------------...._____~ 1386 Adjournment of General Assembly, HR 43.----.----..,,--_.------------.._--......... ....... 1387 Arnold, Hon. David Johnson; regrets at passing, SR 8--------------------------1357
B
Baseball; relating to lasting benefit to all Americans, HR 29...................1360, 1361
c
Candidates; nominations of, primaries, repeal laws regulating, SB 7----1361, 1367 Committee; create to study reapportionment of General Assembly, HR 32...----1384 County Unit System; nominations of candidates in primaries,
repeal laws regulating, SB 7.--._..._...--.--.......----.----.._------------.------1361, 1367 County Unit Vote; define for certain primaries,
HB 1. _..........--------_.------.1358, 1362, 1368, 1372, 1373, 1374, 1379, 1380, 1385 County Unit Vote; provide for allocation in primary elections, SB 5..-- 1358, 1362
E
Edison High School Trio; commend, HR 31--..--.---- ----...__--------------.1372, 1374 Elections; provide for popular vote, SB 6.--.----__--_----_------------------1358, 1362 Elections, Primary; amend Code Section 34-3212, SB 1.__-_......_._.._...........1348, 1351 Elections, Primary; county unit vote, define for certain
primaries, HB 1_----______.1358, 1362, 1368, 1372, 1373, 1374, 1379, 1380, 1385 Elections, Primary; nominations of candidates for State Senate,
repeal, SB 3-------------------------------------------..------____________1351, 1354 Elections, Primary; provide for allocation of county unit votes, SB 5 .1358, 1362
G
Garrett, Hon. H. R.; regrets at passing, SR 9....--.------.--.----.------......_...--_._..1358 General Assembly; adjournment, HR 42...._------._------_.....----......------___...._.... ..1386 General Assembly; adjournment, HR 43..-- _._--.---- .------------------___.__----_______ 1387 General Assembly; adjournment, proclamation by Governor..........._.____.._.............1388 General Assembly; create committee to study reapportionment, HR 32 _._... .... 1384 General Assembly; provide for number of members,
SR 5 ......._----------------......-....-..................... 1349, 1351, 1362, 1363, 1366, 1375 General Assembly; provide number of Senators, SR 10............._...----...__ 1361, 1368
H
Hold-Over After Adjournment, SR 13 _ ________.._____.------------------------_._...__. --1386 Holidays for State Employees; during extraordinary session, HR 9--_____ 1350, 1353

INDEX

1459

House of Representatives; provide method for determining number, SR 6 ............ .__._....._-....__....___..----..----. ..............._...... ........1349, 1352
House of Representatives; provide method for determining number, SR ll--_----.----_-...--._..-------------------.----1361, 1368
House of Representatives; provide for number of members, SR 4 .._... .1348, 1351

J Joint Session; to hear address by Governor S. Ernest Vandiver .____.------------.1377 Joint Session; to hear message from Governor, HR 5----__.. .. ...--_.------. 1331
M
Mileage for Members of Senate, SR 12._----_--------------.--...--.._.__...... _. 1373
N
Nominations of Candidates; political party primaries, repeal laws regulating, SB 1........... .......................................... ..._--__.--1361, 1367
Notify Governor that General Assembly has convened, HR 2._..__.__...._._.... 1330, 1331 Notify House that Senate has convened, SR 1..------------.----_----._----1331, 1347 Notify Senate that House has convened, HR !...___.._.------_.-------- ------ .------ 1330

P
Popular Vote; provide for in elections, SB 6 ....... .----._... 1358, 1362 Primaries; nomination of candidates, repeal laws regulating, SB 7.---- 1361, 1367 Primary Elections; amend Code Section 34-3212 relating
to holding of, SB 1 ----.----..-.._---------------------.----..__.__......1348, 1351 Primary Elections; county unit vote, define for certain
primaries, HB 1--------..1358, 1362, 1368, 1372, 1373, 1374, 1379, 1380, 1385 Primary Elections; nominations of candidates for State Senate,
repeal, SB 3......____--______.------__-...----..-----..------_--.------.1351, 1354 Primary Elections; provide for allocation of county unit votes, SB 5--.....1358, 1362 Proclamation by Governor; to adjourn General Assembly..--_......_.....____.........._. 1388

R

Reapportionment of General Assembly; create committee to study, HR 32 ... 1384

Representatives, House of; provide method for determining

number, SR 6..... .---- .___..--_---....---.--.------ _.-------------- 1349, 1352

Representatives, House of; provide method for determining

number, SR !!.___..--------_._----. ------_-----. .._--------...------------1361, 1368

Representatives, House of; provide for number of members, SR 4----__1348, 1351

Rules of Senate; adopt, SR 2

..............................---- -..-1331

S
Senate Attaches; compensation, SR 3.------.,,----------------------------------1331 Senate, State; mileage for members, SR 12 ...................._........__.--...1373 Senate, State; nominations of candidates, repeal act
providing for, SB 3.--.------.-..------------------------------1351, 1354 Senate Rules; adopt, SR 2..-.--...-........__-...__.--------..-----------..--_--------1331

1460

INDEX

Senatorial Districts; provide for composition, SB 8.................. . ............1361, 1368 Senatorial Districts; provide for 53 districts, SB 4_____________________________ __1354, 1355 Senatorial Districts; remove provisions for furnishing senators, SB 2.._1351, 1354 Senators; General Assembly provide number of, SR 10-----------.-------...1361, 1368 Smith, Mrs. George L., II; extend wishes for speedy recovery, SR 7--_______________1351 State Senate; mileage for members, SR 12 .___.._._------______.___,,._..._____..._--______________1373 State Senate; nominations of candidates for Senate, repeal, SB 3._.._._--.. 1351. 1354

INDEX

1461

PART II

SENATE BILLS AND RESOLUTIONS

SB 1--Primary Elections; holding of, amend Code Section 34-3212 ---1348, 1351 SB 2--Senatorial Districts; remove provisions providing
for furnishing senators.--.--------------------------------------- 1351, 1354 SB 3--Primary Elections; nominations of candidates for
State Senate, repeal-------------------------..------.-------....- 1351, 1354 SB 4--Senatorial Districts; provide for 53 districts...----------------1354, 1355 SB 5--County Unit Votes; provide for allocation in
primary elections--------------------.-.-- -.-...----------..--------1358, 1362 SB 6--Elections; provide for popular vote..---- --------------.------...1358, 1362 SB 7--Nominations of Candidates in Primaries; repeal
laws regulating......-.....----------..--------------...--------1361, 1367 SB 8--Senatorial Districts; provide for composition....-- .------.------1361, 1368
SENATE RESOLUTIONS
SR 1--Notify House that Senate has convened--___------------------ 1331, 1347 SR 2--Rules of Senate; adopt--.------------------------.-----.-----..-.1331 SR 3--Senate Attaches; compensation.--...------------------------------------ 1331 SR 4--House of Representatives; provide for number
of members.---.--...--------.-.--_----------------------------1348, 1351 SR 5--General Assembly; provide for number of
members ....---------------------------1349, 1351, 1362, 1363, 1366, 1375 SR 6--House of Representatives, provide method for
determining number--------------------------.----------_-----1349, 1352 SR 7--Smith, Mrs. George L., II; extend wishes for speedy recovery--------1351 SR 8--Arnold, Hon. David Johnson; regrets at passing--------_------------1357 SR 9--Garrett, Hon. H. R.; regrets at passing----------------------------1358 SR 10--General Assembly; provide number of Senators and terms.----1361, 1368 SR 11--House of Representatives; provide method
for determining number----__-----.----------------------------1361, 1368 SR 12--Mileage for Members of Senate.......-_.--.-...-.....--...--------------------1373 SR 13--Hold-Over After Adjournment--..-.---------.------------------------1386

1462

INDEX

PART III

HOUSE BILLS AND RESOLUTIONS

HB 1--County Unit Vote; define for certain primaries .----.--1358, 1362, 1368, 1372, 1373, 1374, 1379, 1380, 1385
HR 1--Notify Senate that House has convened...------------------__----_----1330 HR 2--Notify Governor that General Assembly has convened....--.--..1330, 1331 HR 5--Joint Session; to hear message from Governor..... .--_--------._..----.1331 HR 9--Holidays for State Employees; during extraordinary session....1350, 1353 HR 29--Baseball; relating to lasting benefit to all Americans.......--...--1360, 1361 HR 31--Edison High School Trio; commend.-------- ___._.__.__----__...1372, 1374 HR 32--Reapportionment of General Assembly; create committee to study--1384 HR 42--Adjournment of General Assembly...------------._----------._.........----.1386 HR 43--Adjournment of General Assembly; sine die--....--._--....___--....---- 1387